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  1. #1
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    Jul 2012
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    Default Trial by Declaration for Speeding, VC 223256(B)

    My question involves a traffic ticket from the state of: California
    I got a speeding ticket for going 95 in a 70 zone on I-5 North. I actually didn't know how fast I was going so I assumed I was speeding by that time. Since I cannot make to the courthouse (It's in Corning...like literally middle of nowhere!) so I decided to write a TBD. My question is that should I just write "I plead not guilty" or should I plead guilty and ask for a fine reduce. This is my first time getting a ticket within 18 months and I already got the traffic school option. What's the best approach I should take?

    Thanks!

  2. #2
    Join Date
    Jun 2012
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    173

    Default Re: Trial by Declaration for 223256(B)vc

    It depends on where your priorities lie. If your main goal is to keep points off of your driving record, I would try to push for traffic school or some sort of alternative sentencing,

    However, if you're just looking to get it dismiss as fast and as cheaply as possible, I would opt for a plea bargain and take a guilty or no contest plea in exchange for a reduced fine.

    The only thing I wouldn't recommend is a not guilty plea unless you think you actually have a chance to win. It'll just piss everyone off and reduce your chances of getting a reduced fine.

  3. #3
    Join Date
    Jul 2012
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    4

    Default Re: Trial by Declaration for 223256(B)vc

    Thanks STATcom. However, my concern is that *from what I've read*, if you plead guilty they will just take your money away (since you have to mail a check to them with your TBD) and close the case. Is that true? Also, if I want to plead guilty should I state the reasons or should I just ask for a alternative penalty?

    Thanks!

    - - - Updated - - -

    Any other suggestions? Thanks

  4. #4
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    Mar 2009
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    Default Re: Trial by Declaration for 223256(B)vc

    Quote Quoting STATcom
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    It depends on where your priorities lie. If your main goal is to keep points off of your driving record, I would try to push for traffic school or some sort of alternative sentencing,

    However, if you're just looking to get it dismiss as fast and as cheaply as possible, I would opt for a plea bargain and take a guilty or no contest plea in exchange for a reduced fine.

    The only thing I wouldn't recommend is a not guilty plea unless you think you actually have a chance to win. It'll just piss everyone off and reduce your chances of getting a reduced fine.
    Traffic school should be available at the outset without the need to push for anything. But there is no guarantee it will be available after a not guilty plea.

    Trying a plea bargain will not work simply because you have no one to plea to or bargain with... There is not likely to be a D.A. or an A.D.A. in court for a traffic infraction.

    I'll agree with the 3rd suggestion there and in this case, the only opportunity you might have at a fine reduction is if you appear at the arraignment. Of course since there are no guarantees of any reduction at all, and/or assuming that the costs of travelling to the court might not be covered by any potential fine reduction, then you're taking a risk by going there... I would think your best option would be to simply pay the fine + the traffic school fee, take traffic school, get the point dismissed and that way you make sure it doesn't pop up to haunt you at any time in the next 3 years. If you fight it (and especially by only writing "I am not guilty" in a declaration) you're asking the judge to refuse your request for traffic school. Even if you were to attempt to write something, there is very little you can say in your defense and most judges will not allow traffic school after a declaration or after a trial.

  5. #5
    Join Date
    May 2011
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    638

    Default Re: Trial by Declaration for 223256(B)vc

    I'm not clear on what "This is my first time getting a ticket within 18 months and I already got the traffic school option" means.

    Does it mean that you have a ticket within 18 months and you already got the traffic school option? If so, you aren't eligible for traffic school. If it means (but doesn't say) that have haven't had a ticket in more than 18 months, then carry on. There is a real difference between "within" 18 months and "more than" 18 months so please clarify.

    Corning isn't "in the middle of nowhere" but I have no idea why you think that matters. It parallels old hwy 99 and is among a LOT of towns both N. and S. and over on 99. It is a busy area. Going 95 in a 70 isn't going to impress the judge in any event.

    If it were me and I was a long distance away, I would plead guilty, attach a letter to the judge apologizing and asking for traffic school if I were eligible. The proper attitude can go a long way with a judge. If the amount of the ticket was a true hardship, I'd also ask for a fine reduction, but good luck with that. 95 in a 70 isn't minor. It's worth a try, though.

    Edit: One more time. If you're going to plead guilty, clearly apologize. Do not tell the judge you were in a hurry or that you were in "the middle of nowhere" or make any other excuses. You'll probably just cause the judge to believe you need to learn a lesson and to change your attitude. You're looking for leniency and a great attitude might really help you.

  6. #6
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    Default Re: Trial by Declaration for 223256(B)vc

    Quote Quoting cmre3456
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    I'm not clear on what "This is my first time getting a ticket within 18 months and I already got the traffic school option" means.

    Does it mean that you have a ticket within 18 months and you already got the traffic school option? If so, you aren't eligible for traffic school. If it means (but doesn't say) that have haven't had a ticket in more than 18 months, then carry on. There is a real difference between "within" 18 months and "more than" 18 months so please clarify.
    Now that I reread that, I agree that it is confusing...

    I think the OP meant to say this is his first time getting cited within 18 months of a previous citation -as in: he usually can time his citations to fall outside the 18 month period and hence he's always been able to take traffic school. But not this time! Doesn't it suck when you can finally find a plan that works good for you only to come across some cop who manages to pull the rug from under you at the wrong time!

    I would caution against expecting much from a "letter to the judge" simply because some counties have all their mail processed at a processing center, and once an envelope is opened and a plea entry is made, the will obviously look for a check but any other contents therein are filed in the circular file and never see the light of day again. otherwise, and some judges who are sticklers for the rules, would consider a "letter to the judge" as improper ex-parte communication and unless a copy of the same is filed with the prosecutor in the format of a motion, then you will not get much of a response.

    Of course you're free to try as this being a smaller court, they may have different procedures than the larger county courthouses!

    I agree with the part about saying very little... The more you talk, the more likelihood you will slip and say the wrong thing!

  7. #7
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    May 2011
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    638

    Default Re: Trial by Declaration for 223256(B)vc

    This isn't LA. Our judges would all get and read that letter. The DA isn't in court for the hearing if you appear and plead your case either. Traffic court for routine tickets tends to be more informal because it's an "infraction," not a crime.

    Who knows what Corning would do?

  8. #8
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    Default Re: Trial by Declaration for 223256(B)vc

    Quote Quoting cmre3456
    View Post
    This isn't LA. Our judges would all get and read that letter. The DA isn't in court for the hearing if you appear and plead your case either. Traffic court for routine tickets tends to be more informal because it's an "infraction," not a crime.

    Who knows what Corning would do?
    You posted ^that^ for me?


    By the way, an "infraction", IS in fact a crime and a public offense:

    Penal Code section 15. A crime or public offense is an act committed or omitted in violation of a law forbidding or commanding it, and to which is annexed, upon conviction, either of the following punishments:
    1. Death;
    2. Imprisonment;
    3. Fine;
    4. Removal from office; or,
    5. Disqualification to hold and enjoy any office of honor, trust, or profit in this State.

    And...

    Penal Code section 16. Crimes and public offenses include:
    1. Felonies;
    2. Misdemeanors; and
    3. Infractions.

  9. #9
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    May 2011
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    Default Re: Trial by Declaration for 223256(B)vc

    Quote Quoting That Guy
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    You posted ^that^ for me?
    I was just trying to be friendly. Sorry I missed the mark. Sometimes my mouth gets ahead of my brain.

    Penal Code section 16. Crimes and public offenses include:
    1. Felonies;
    2. Misdemeanors; AND
    3. Infractions.
    An infraction isn't a crime in California, or here for that matter. That's how they get out of providing you with an attorney if you can't afford one, or a jury trial, etc.

    LINK

  10. #10

    Default Re: Trial by Declaration for 223256(B)vc

    Shrug. I never knew a defense attorney's website could be a more authoritarian source on the penal code than the penal code itself.

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