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  1. #1
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    Default Trial by Declaration - What Bail Amount

    My question involves traffic court in the State of California.

    I got a ticket for going through a stop sign and I am going to submit a Trial by Declaration. I know you have to submit the bail amount with your TBD and if your ticket gets dismissed, they will refund you the amount. If I don't win the TBD, I'd like to go to traffic school since I don't want my insurance to go up. Can I submit the Traffic School amount (which is $50 more) or should I just submit the bail amount with my TBD.

    If I lose the TBD, I plan to do a Trial de Novo at which time if I lose that too when I see the judge, I will request Traffic School and I know it is at the discretion of the judge whether he will allow me to go to traffic school or not. By submitting the Traffic School amount on my TBD, does that increase the likelihood that the judge will allow me to go to traffic school if I am still found guilty and tell him I already submitted the Traffic School amount? (many years ago, I went to see the judge and he did NOT allow me to go to traffic school, never had a ticket in my life, he was just a pompous jerk and said, "we reward traffic school to those who plead guilty in the early stages").

    Please let me know as I plan to mail in my TBD by the end of this week. Thanks!

  2. #2
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    Default Re: Trial by Declaration - What Bail Amount

    Only submit the bail amount with your TBD. If you lose, then you request the TDN, and depending on whether the officer shows or not, you can plead no contest and request traffic school.

  3. #3
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    Default Re: Trial by Declaration - What Bail Amount

    Quote Quoting supralover23
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    Only submit the bail amount with your TBD. If you lose, then you request the TDN, and depending on whether the officer shows or not, you can plead no contest and request traffic school.
    Well, is there any negative consequence to submitting the traffic school amount with my TBD?

    - - - Updated - - -

    Quote Quoting scuzzynutty
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    Well, is there any negative consequence to submitting the traffic school amount with my TBD?
    Bump. Anyone know for sure please? Thanks.

  4. #4
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    Default Re: Trial by Declaration - What Bail Amount

    Quote Quoting scuzzynutty
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    Bump. Anyone know for sure please? Thanks.
    Stop that^. Its not the end of the week yet and even if it was, there is no obligation to answer your question within a certain period.

    Quote Quoting scuzzynutty
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    Well, is there any negative consequence to submitting the traffic school amount with my TBD?
    The negative consequences is that you're paying the wrong amount which means your payment can get rejected, and if you are close to your deadline for filing a TBD you may lose the opportunity to submit your declaration.

    Question is, and aside from complicating an already convoluted process that is riddled with opportunities for error, what's the benefit for pre paying for the traffic school option when the fact is, there is no guarantee that the judge will allow you to go to traffic school once you are past the arraignment! Just because "its paid for" is not going to obligate the judge to allow it! There is no such thing as "reserving the option of traffic school by prepaying it" simply because traffic school at that point (after trial or after a TBD) is at the judge's discretion!

    If you're not sure you have a viable defense, then take traffic school at the arraignment. Don't waste the court's time with silly attempts to play "CHP roulette"!

  5. #5
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    Default Re: Trial by Declaration - What Bail Amount

    Quote Quoting That Guy
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    Stop that^. Its not the end of the week yet and even if it was, there is no obligation to answer your question within a certain period.



    The negative consequences is that you're paying the wrong amount which means your payment can get rejected, and if you are close to your deadline for filing a TBD you may lose the opportunity to submit your declaration.

    Question is, and aside from complicating an already convoluted process that is riddled with opportunities for error, what's the benefit for pre paying for the traffic school option when the fact is, there is no guarantee that the judge will allow you to go to traffic school once you are past the arraignment! Just because "its paid for" is not going to obligate the judge to allow it! There is no such thing as "reserving the option of traffic school by prepaying it" simply because traffic school at that point (after trial or after a TBD) is at the judge's discretion!

    If you're not sure you have a viable defense, then take traffic school at the arraignment. Don't waste the court's time with silly attempts to play "CHP roulette"!
    I'm not sure you read my question accurately. I never implied I was trying to "reserve the option of traffic school by prepaying it" or "obligate the judge to allow it" (You seem to be hung up on this word "obligate" - I know there is no obligation to answer my question within a certain period. Just a little anxious here and trying to make sure I proceed correctly, so excuse me for the slight lack of patience). I asked a simple question as to whether it increases the likelihood of the judge allowing me to go to traffic school - perhaps too subjective of a question, but maybe someone out there has feedback or guidance from a similar experience.

    I could certainly be wrong, but I highly doubt the courts will deny someone paying TOO much, it's normally the other way around (i.e., if you pay too little). After all, who wouldn't accept more money.

    If I didn't think I had a viable defense, why would I spend all the time to do this, why would anyone for that matter. Anyone submitting a TBD or going to court will never know the outcome, so your comment insinuates that anyone trying to fight a ticket is a silly attempt at "CHP Roulette" - by the way, I wasn't pulled over by CHP, it was the local police (you sure jump to a lot of conclusions). Anyway, even if I didn't think I had a viable defense (which in this case I believe I do), so long as I had the time I would have absolutely no problem "wasting the court's time," and "playing local police roulette" (actually shouldn't it be more like, "Courthouse Roulette" or "Judge's Roulette"?) as there would be the chance that my ticket was dismissed or reduced -I pay more than enough taxes, and at least I could feel my tax money being put to use.

    I appreciate you responding and your input, but your tone is quite abrasive and condescending which is uncalled for...not sure why you have so many '!' marks either, are you mad or something? Maybe woke up on the wrong side of the bed today? Chill dude. In the end, you know as well as I do, that all this is a game...and if you make the right or better moves, you end up winning...

  6. #6
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    Default Re: Trial by Declaration - What Bail Amount

    Quote Quoting scuzzynutty
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    I'm not sure you read my question accurately. I never implied I was trying to "reserve the option of traffic school by prepaying it" or "obligate the judge to allow it" (You seem to be hung up on this word "obligate" - I know there is no obligation to answer my question within a certain period. Just a little anxious here and trying to make sure I proceed correctly, so excuse me for the slight lack of patience). I asked a simple question as to whether it increases the likelihood of the judge allowing me to go to traffic school - perhaps too subjective of a question, but maybe someone out there has feedback or guidance from a similar experience.
    I'm sure you didn't understand my answer properly. Anxious or not, your attempt to rush an answer by "bumping" is childish and unnecessary! And even though you got your answer, that wasn't enough to show what a big galoot you are, you had to whine about every bit of it!!! As for my being hung up on the word "obligate", I only used it in passing, you are the one making an issue of it. But even then if you really cannot see the similarity of my use of "obligate" and your inference as to the "increased likelihood that the judge will allow you to go to traffic school if you are still found guilty and tell him you already submitted the Traffic School amount?[/I]", then you are a better hypocrite than you are a critic!

    Regardless, you got your answer... Sorry it didn't meet your expectations. Whether you choose to follow it or act on your own assumptions, I wouldn't be the one facing the consequences, you are! And yes, I do make a lot of assumptions... And most of the time, my assumptions are fairly accurate. In this case, the reason you're asking about traffic school, is not because its a game, its not because you have better moves and its not because you have a valid defense. If any of that was true or if you had any confidence in your "plan", you wouldn't be here asking, would you? And you certainly wouldn't be asking about how to keep the safety net of traffic school underneath you the entire time. If I am wrong about that, then please, feel free to enlighten us with your story, what were you cited for and what brilliant plan have you drawn up as you prepare to defend yourself. Without all those details, I will further assume... or wait... should I predict this time??? No, I'm going to assume that you will somehow screw up and lose your case! Win or lose though, I really don't care either way!

    As for you paying more than enough taxes... Is that sort of similar to you paying more than your bail amount? Except I'm not sure what you'd be asking for from the IRS or the FTB... And since it would be a safe bet that you've gotten nothing from either, why would you think of trying the same with the court. But seriously, if your taxes were sufficient to cover the cost of running the court system, the legislature would not have to resort to adding new penalties and assessments, every year; the courts would not have had to lay off thousands of workers or close several court houses in each county or consolidate the services they provide... So yes, you can call the last judge you asked for traffic school from a pompous jerk, you can misunderstand and misconstrue my reply, you can act all sensitive and butt hurt, you can pretend you have a legitimate reason to proceed with both a TBD and a TDN only to likely end up wishing you can get traffic school when in reality, you knew you had very little if anything and you could have and should have opted for that from the get go!

    Quote Quoting scuzzynutty
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    I could certainly be wrong, but I highly doubt the courts will deny someone paying TOO much, it's normally the other way around (i.e., if you pay too little). After all, who wouldn't accept more money.
    And you're free to double up on the fine if you choose. And yes, make it sound like you're being charitable, all while it all an underhanded attempt to benefit from it all; all along, you're expecting something in return!

    Quote Quoting scuzzynutty
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    If I didn't think I had a viable defense, why would I spend all the time to do this
    By "this" you mean posting this diatribe of yours complaining about the answer you received just because it didn't meet your expectations? Or by "this", do you mean pretending like you know half of what you're doing and talking about when in reality you've already stated that this would be you second citation ever and your last one was a while back. I mean here you are asking about the most basic step in the entire process, "posting bail", apparently confused by what you should do, or apprehensive about an attempt to manipulate the system. Even you yourself, in your original post, predicted the following:

    Quote Quoting scuzzynutty
    View Post
    If I lose the TBD, I plan to do a Trial de Novo at which time if I lose that too...
    ... You started this thread based on that premise and those possibilities... And you're critiquing me and suggesting that "I" am the one insinuating that everyone asking about traffic school will lose?

    Get over yourself... Seriously!!!

  7. #7
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    Default Re: Trial by Declaration - What Bail Amount

    That "Egotistic" Guy,
    I read the first 2 lines of your response, and I am sorry I'm not as forum savvy as you to know that bumping is childish - you can call me "Timmy" if that will make you feel more superior that you already believe yourself to be.

    I didn't read any further because from glancing, your response is riddled with "!" - you sure are one unhappy individual hiding behind your computer screen acting all tough and macho. I am very familiar with your power-trip type and don't wish to entertain big-headed, condescending, supercilious creatures that can't control their emotions and just exude exponential amounts of negative energy.

    You must be proud of your 6640+ posts in this forum. I gather you get into a lot of conflict with your arrogant responses as also proven by your own red text line at the bottom of your posts.

    I will admit however, that your first post (I didn't waste my idle time with the nonsense in your last response) is quite entertaining: "CHP roulette" was especially amusing (even though I was pulled over by the local police but since you know everything, we'll just let you believe it was the CHP on a residential street), and the "Stop that^" was quite humorous as well - do you want me to bend over so you can slap my bare bottom? Best line of all is the last line in your post above:

    "Get over yourself... Seriously!!!"

    and your signature line reads:
    I am right 97% of the time... Who cares about the other 4%!

    You are one angry comedian!!! - what an oxyMORON... hahahahahahGRRRRRrrrrrrrrrrr (angry comedian)

    Cheers!
    Yours truly,
    Timmy

  8. #8
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    Default Re: Trial by Declaration - What Bail Amount

    Quote Quoting scuzzynutty
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    you can call me "Timmy"


    There is a difference of course, ^this^ Timmy has a physical handicap. Yours is purely mental!

  9. #9
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    Default Re: Trial by Declaration - What Bail Amount

    Quote Quoting That Guy
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    There is a difference of course, ^this^ Timmy has a physical handicap. Yours is purely mental!
    That “Egotistic” Guy,

    Whoa man…did you come up with that all by yourself?

    Quite lame (actually very asinine – strong emphasis on the first syllable of this adjective) that you have to resort to scorn and contempt of innocent handicapped children in your feeble attempts to try to outwit a “purely mentally handicapped” person such as myself (by the way, appreciate you for enlightening me on my true condition – I just couldn’t think of the right verbiage before, you are awesome Egoguy!)

    I certainly hope you don’t walk around in public pointing fingers and snickering at unfortunate innocent children (or even adults) that have grossly disproportionate sized heads in relation to their bodies as your graphic and comment of “physical handicap” no doubt implies to which you have explicitly expressed in a public forum. Your previous blabber & ramblings were entertaining, but this is just uncool.

    Probably better that you go back and hide in that hole that you were in after reading my last post and stop grasping at straws… -- but do come up out of the hole once in a while so your head doesn’t get too big and get stuck with your perpetual thoughts that you’re the end-all-and-be-all of society. There are many smarter and more intellectual people than yourself…I know hard for you to believe…but you know the saying, “Truth Hurts…”

    As always,
    Purely Mentally Handicapped” Timmy

  10. #10
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    Default Re: Trial by Declaration - What Bail Amount

    Quote Quoting scuzzynutty
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    I certainly hope you don’t walk around in public pointing fingers and snickering at unfortunate innocent children (or even adults)
    No I don't... Simply because no matter what their physical or mental ailment, they typically have a way of expressing thanks and appreciation; while most of them deserve a lot of special care and attention, they don't come off as being entitled to what they want, and in spite of their handicap, or the likelihood that they are easily irritated or are generally irritable, they typically are sweet compassionate people who did nothing to get to where they are.

    You on the other hand, are just an asshole with a big mouth. You have the option and the ability to be respectable and appreciative and cordial, but you don't know how, so instead you choose to be a spineless slimy piece of crap hiding behind your monitor. You came here for answers and you got more than what you asked for. Just because you didn't like the correct answer, you keep coming back talking smack about someone you don't even know for reason you may not realize.

    If you have a legal question, please post it, if not, screw off!

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