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Failure To Stop At A Stop Sign In California

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  • 03-25-2008, 01:17 AM
    wifi
    Failure To Stop At A Stop Sign In California
    I got a ticket for failing to stop at a stop sign, 22450(a). I've already taken traffic school within the past 18 months, so my only option is to fight the ticket because I don't want my insurance premium to go up.

    From what I've gathered, my course of option is (1) Send in a Written Not Guilty Plea plus bail amount, then wait for their response, then (2) Send in a Trial By Declaration and if I lose, (3) Trial De Novo, where (4) if the officer appears, I will declare no contest and ask for Traffic School, or if the officer doesn't appear, I will declare not guilty and have the case dismissed. Is this plan of action correct or am I missing something? My whole goal is to not incur points and get my insurance premium raised.

    Some questions I have are:
    (1) How likely will the case be dismissed through TBD, even if the officer fails to fill out a written response?
    (2) If I put "I stand by my plea of not guilty" for my statement of facts, will I basically automatically lose? Or should I try to argue and make a case?
    (3) I've been given an option online to extend my appearance date. If I do this, can I still file a TBD before this new appearance date? I ask this because two of my options online are, one to contest by a TBD which has a due date a few weeks after my original appearance date, and the other one which extends the appearance date by two months. I am not sure if by extending this appearance date, I must show up and cannot turn in a written not guilty plea and then contest through TBD.

    I appreciate any advice and response.
  • 03-25-2008, 12:43 PM
    cdwjava
    Re: Failure To Stop At A Stop Sign In California
    Quote:

    Quoting wifi
    View Post
    I got a ticket for failing to stop at a stop sign, 22450(a). I've already taken traffic school within the past 18 months, so my only option is to fight the ticket because I don't want my insurance premium to go up.

    There is a special traffic school you can attend if the court allows you.

    Quote:

    From what I've gathered, my course of option is (1) Send in a Written Not Guilty Plea plus bail amount, then wait for their response, then (2) Send in a Trial By Declaration and if I lose, (3) Trial De Novo, where (4) if the officer appears, I will declare no contest and ask for Traffic School, or if the officer doesn't appear, I will declare not guilty and have the case dismissed. Is this plan of action correct or am I missing something? My whole goal is to not incur points and get my insurance premium raised.
    These are certainly viable options.

    Quote:

    Some questions I have are:
    (1) How likely will the case be dismissed through TBD, even if the officer fails to fill out a written response?
    It depends on the court. However, if the officer fails to respond, I can't imagine that the court would find you guilty.

    Quote:

    (2) If I put "I stand by my plea of not guilty" for my statement of facts, will I basically automatically lose? Or should I try to argue and make a case?
    The state - through the testimony of the officer - has to make the case by showing the elements of the offense were true beyond a reasonable doubt, you don't have to make a defense.

    Quote:

    (3) I've been given an option online to extend my appearance date. If I do this, can I still file a TBD before this new appearance date?
    I don't know ... you might have to ask the court.

    However, doing so will likely waive any speedy trial deadlines present here.


    - Carl
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