TRIAL BY WRITTEN DECLARATION DENIED THIS MORNING BY JUDGE SCHWARTZ IN WESTMINSTER CALIFORNIA (04-27-09)
My question involves traffic court in the State of: California
ok.. so I went to stand in front of the judge today for a ticket issued to me for 84 in a 50 but the officer wrote on the bottom exceeding state max of 60 saying it would make the ticket less of a issue for me. In the mail soon followed a letter stating MANDATORY COURT APPREARENCE REQUIRED. When I was in front of judge Schwartz this morning at Westminster Superior Court in California he asked how do I plead. I asked if I was eligible for traffic school for this violation and he said he cannot tell because the DMV computers are down but for this speed he doubts it. I asked for a trial by declaration and he said DENIED. I said I was not able to make a decision without knowing if I was eligible for traffic school for this violation ( I have a clean record with no points and do not want the points with this violation because it will effect my insurance cost). WHAT DO I DO because he wants me back tomorrow morning at 8:30am. HELP????
Trial by Declaration Denied
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04-27-2009, 02:41 PMm106191Trial by Declaration Denied
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04-27-2009, 03:51 PMThat GuyRe: Trial by Declaration Denied
With you being cited for 84 in 50 = 34 miles over the limit, you are not eligible for traffic school. The California rules of court forbid a judge from offering you traffic school for that violation.
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04-27-2009, 03:53 PMm106191Re: Trial by Declaration Denied
ok, so what should I do?
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04-27-2009, 04:20 PMThat GuyRe: Trial by Declaration DeniedWell, you said you wanted to fight it! Although wanting to do so just because you don't want an increase in your insurance premium isn't gonna cut it with the court. You have offered no details that might suggest any guilt or innocence on your part.Quote:
Quoting m106191
I don't know why the judge denied you the TBWD option but if you had a valid reason to present in a TBWD in support of a not guilty plea then it should be just as valid to present in open court. -
04-27-2009, 04:26 PMm106191Re: Trial by Declaration Denied
I have accepted a job out of state and will be relocating there shortly. I told the judge this and he still turned down the TBWD. So I am at a total loss here. Tomorrow when I show up and I tell him NOT GUILTY and again I want a TBWD becasue I am moving out of state very soon.... how can he deny the TBWD to me?
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04-27-2009, 04:44 PMcdwjavaRe: Trial by Declaration DeniedSorry, but I have to clarify this ... Rule 4.104 states that the CLERK cannot offer traffic school if the speed is greater than 25 MPH over the limit, but subsection (c)(1) allows the COURT to offer it if the violator is otherwise eligible.Quote:
Quoting That Guy
Did you submit the request and the bail within the proper time frame? Did you miss an earlier hearing or re-schedule?Quote:
Quoting m106191
Rule 4.210(e) states:
If the defendant does not comply with this rule (including submitting the required bail amount, signing and filing all required forms, and complying with all time limits and due dates), the court may deny a trial by written declaration and may proceed as otherwise provided by statute and court rules.
It seems that to deny the TBWD one of those pieces must be present.
- Carl -
04-27-2009, 04:52 PMm106191Re: Trial by Declaration Denied
Well I guess that means that the judge has the ability to offer me traffic school... thats good news.. to answer your other question.. ABSOLUTELY NOT.. I did everything by the book and 100% on time. Remember.. I said that there was no bail just a letter on a bluish colored paper that said MANDATORY COURT APPERANCE REQUIRED. So I could not mail anything to them asking for TBWD.. instead I went to court this morning and stood in front of JUDGE SCHWARTZ.. and did exactly what I wrote.. I am loking for SOUND GOOD advice for tomorrow morning... ?? help?
P.S. i want to thakn you for your help so far... I do appreciate it... I am just frustated by this entire process thats all... -
04-27-2009, 04:59 PMcdwjavaRe: Trial by Declaration Denied
It may well be that the judge (pro tem?) was unaware of the regulations for TBWD or not prepared to rule on it due to some local procedural question. You might have to ask tomorrow and then request he cite the authority that allows him to deny it.
If you present the appropriate Vehicle Code section and Rules of Court that permits and even requires it, you might do okay.
- Carl -
04-27-2009, 05:03 PMm106191Re: Trial by Declaration Denied
This Judge was very short tempered and I do not want to piss him off towards me directly.. is what you are saying permitted? I did ask him when I was infont of him "Your honor may I approach the bench" so that i can discuss it with him and he immedaitely said "you may not".. not getting the warm fuzzy from this Schwartz Judge.. if you know what I mean.. Tell me what you think I should do tomorrow and I will do exactly that :).. Once again thanks for you help..
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04-27-2009, 08:55 PMcdwjavaRe: Trial by Declaration DeniedI can't say what you should do tomorrow ... I just don't have the experience on that side of the aisle. Be respectful, make you case clearly and politely, and be prepared to appeal his decision if he denies your right to a TBWD.Quote:
Quoting m106191
If he does deny your TBWD, if it were me I'd ask why and mention that it was my understanding that a TBWD was my legal right pursuant to the Vehicle Code (and if you can find it, cite the section ... sorry, don't have it at my fingertips and I'm headed out right now).
Good luck.
- Carl