Trial De Novo for Failure to Yield to Pedestrian

My question involves traffic court in the State of: California

I received a ticket for failure to yield to a pedestrian in Southern CA. It was a police set up, there were 5-6 cars also being pulled over. They are installing a light in the next few months because there have been many people hit by cars there. I did a TBD and lost, although the judge reduced my fine by 50%. I would like to request traffic school, which I know is a long shot since I already did the TBD. Is the only way to request it by doing a trial de novo? I am not good AT ALL speaking in public.

Since the judge already decreased my fine, am I pushing my luck by going to trial? Can they take the money back (I already got a check for the refund.)

How/when do I ask for a continuance? Do I use the same argument as I did in the TBD? I contend that I did not have enough time to stop and there was a taxi tailgating me who was also ticketed. I used evidence citing the VC part b, which states a pedestrian cannot walk out in front of you. The CA drivers handbook also states how many feet you need to stop, which was twice as much as I had. How do I prove that?

The officer who pulled me over is not the same one who gave me the ticket. Which one will show up in court? Do I have a legal right to question them both?

Thanks, in advance, for any help!

How long has it been since you received your decision for your TBD?

They made the decision on the 8th, which was weird because the court date was the 14th, but I got the check on the 12th and the decision in the mail on the 15th. So, I need to decide what to do now.

Any suggestions? :-(

There are no definitive answers but here is what I think:

• There is nothing that would automatically disqualify you from being eligible for traffic school simply because you elected to go the TBD route. However, some judges will not allow for it after a trial (and a TBD is essentially a "trial").
• There is a slight chance that if you were to file for a Trial De Novo, that you will be offered the traffic school option before the trial starts (no guarantee of that though). I have seen it happen in a few courtrooms but I cannot speak for every court.
• Once you elect a Trial De Novo, you are thereby deciding to forgo the decision you received in your TBD and there is no guarantee that the judge (at the Trial De Novo) will reduce your fine to the amount it was reduced to by the commissioner who read and decided your TBD. So you're going in to your Trial De Novo, without the benefit of a fine reduction. It would be impossible to predict whether the Trial De Novo judge will offer you both, the reduction and traffic school. Only he/she can answer that for you.
• You may want to contact the court clerk to see if they are able to set your case up for traffic school. However, I wouldn't count on it working that way... You will more likely have to appear before the judge to ask and the only way to accomplish that (at this stage in the process) seems to be by requesting a Trial De Novo.

Thanks, Guy! I deposited the check yesterday, so I will have to pay it again, if they increase it. At this point, even if I end up paying the full fine of $222 and being able to take traffic school, I will be better off than having my insurance rates go up. I will go see the clerk and see what happens. They seemed okay when I called to request TBD. I will try to post results later.

I am filling out my TR-220 and have a question...#3 says, "I am dissatisfied with the court's decision. I request a new trial for the following violations (specify)." Does this mean the violation I got the ticket for (VC121950A) or does it mean violations from the courts decision (like an appeal for an error?) I am not quite sure what information I am supposed to put here. Am I supposed to state my evidence? Sorry for all the questions, I am a newbie to all of this.

Thanks again!

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Quoting Doubleube68

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I am filling out my TR-220 and have a question...#3 says, "I am dissatisfied with the court's decision. I request a new trial for the following violations (specify)." Does this mean the violation I got the ticket for (VC121950A) or does it mean violations from the courts decision (like an appeal for an error?) I am not quite sure what information I am supposed to put here. Am I supposed to state my evidence? Sorry for all the questions, I am a newbie to all of this.

Thanks again!

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You only put the violation(s) you are contesting... In this case, it is VC 21950(a) (not VC121950A). And no, you don't put in any of the evidence... You can present that on the day of your Trial De Novo.

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Quoting That Guy

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You only put the violation(s) you are contesting... In this case, it is VC 21950(a) (not VC121950A). And no, you don't put in any of the evidence... You can present that on the day of your Trial De Novo.

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Whew! That would have been embarassing! :-) So, anything else I should do while I am there? Request the officers ticket/notes? Any forms I need from them to request discovery? Sorry for all the questions but your answers are VERY appreciated!! :-)

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Quoting Doubleube68

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So, anything else I should do while I am there? Request the officers ticket/notes?

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I would certainly request a copy of the officer's declaration... In the slight chance that you may not receive discovery in a timely manner, the declaration can give you most if not all the info you may need to put together a defense.

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Quoting Doubleube68

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Any forms I need from them to request discovery?

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You can ask them who to mail your discovery forms to... The District Attorney or the City Attorney. Other than that, and although you must file a copy of your discovery request with the court clerk, he she is under no obligaation or requirement to provide you with any forms.

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Quoting Doubleube68

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Sorry for all the questions but your answers are VERY appreciated!! :-)

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Not a problem!