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  1. #1
    Join Date
    Aug 2011
    Posts
    1

    Question When Should You Plead Guilty or Go For Trial

    My question involves a traffic ticket from the state of: California
    Hi ,
    I got a speeding ticket (was going 60, while posted was 45). Have got a arraignment date after 2 days . I have got this speeding ticket within last 18 hrs but my courtesy notice says “Eligible for School”. My main intention is to bring down the amount or ask for community service etc. I have a job but ending soon. Just few questions –
    1. I have few reasons that cop didn’t show my car no on radar and the road situation like it was on a bridge. Would it be better to just go and plead guilty or ask for a trial ?.
    2. I think cops don’t show up on arraignment date but they have to on Trial. Would it better to ask for trial & hope cop doesn’t show up or put this valid but not good reasons ?
    3. Or should I try finding more reasons by ordering discovery request etc that might can help in Trial ?. Also how about Trial by Declaration
    4. What if I say I don’t have job and then plead guilty ?.
    Thanks

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: When Should You Plead Guilty or Go For Trial

    If your only defense at trial is going to be, "I was on a bridge, and I don't think a police officer can measure the speed of cars on bridges using radar," you may as well plead guilty and save yourself the bother. If you intend to go to trial, by all means conduct discovery.

    If you want to schedule the case for trial in the hope that the officer doesn't appear, you may do so. If you want to preserve the right to opt for traffic school, you will want to be sure that your jurisdiction will allow you to exercise that option if you show up on your trial date and the officer is present or if you have lost a TBD.

    What do you hope to achieve by telling the court that you're unemployed?

  3. #3
    Join Date
    Apr 2009
    Location
    SF Bay Area
    Posts
    625

    Default Re: When Should You Plead Guilty or Go For Trial

    Unless the court is willing to bump the ticket down to a non-mover or is known to coerce pleas by denying traffic school after trial, there is not a single good reason to plead guilty unless you're getting a reasonable deal.

    Maximum speed citations are virtually impossible to argue on merits, but inbetween the cop not responding to TBD, TDN, and occasional legal errors, your chances of beating the ticket are substantial enough to make it worthwhile.

    As for your job situation, some courts out there allow people to serve portions of their fine in the form of community service.

  4. #4
    Join Date
    Aug 2011
    Location
    South-Central Cali
    Posts
    1,274

    Default Re: When Should You Plead Guilty or Go For Trial

    Your post was unclear, but IF you have done traffic school in the last 18 months, the fact that the notice says you're eligible means nothing. When you sign up for traffic school, you have to state under penalty of perjury that you haven't done it in the last 18 months. Additionally, there's a new CA law for violations effective 7/1/11, which changes how traffic school is reported to the DMV -- for folks who try to double-dip on traffic school within 18 months, it means that if the courts won't stop them the DMV will.

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