My question involves traffic court in the State of: California
The Appellate division of a small County Superior court in CA ruled against my appeal. I have several problems with the ruling. What recourse do I have?
I've written the A.D.A. and he's not responding.
Ruling:
'Appellant appeals from his date#1, 2012 conviction for infraction violations of Vehicle Code sections 12500 and 22349(a), and the (3 months later) denial of his third request for a fee waiver.
After granting seven requests to continue the court trial of the captioned matter, the court denied appellant's eighth request and proceeded to trial in his absence on date#1, 2012. Appellant was found guilty of both Vehicle Code sections. This judgment of the trial court is presumed to be correct and there is no arguable basis in the record to disturb the judgment on appeal.
The motion for new trial was based in part on appellant's statement that: “I was unable to attend the trial date of date#1 because 1 didn't have a valid driver license because of the fault of the DMV." The court notes that the trial court continued the (five weeks previous to date#1), 2012 trial date based upon appellant's declaration that: “I will be out of state on vacation with family (five weeks previous to date#1)”.
The court does not find that the trial court abused its discretion in conducting the trial in appellant's absence or in denying the motion for new trial.
Appellant's remedy for the denial of his most recent fee waiver was to file the form “Request for Hearing about court Fee Waiver Order," FW-006.within 10 days of notice of the denial. The record contains no such request.
The judgment is affirmed.'
The Appellate court ignored the Superior Court's violation of G.C.S 68632, which disadvantaged my appellate defense by denying me a transcript of the Superior court trial (date#1) that was held in my absence.
The Appellate court confused the point about the Superior court's denial of a continuance request for the date#1 trial. The DMV actually did suspend my driver license without notifying me, and it was the DMV's fault which they corrected shortly thereafter. I had on me significant documentation of the DMV caused problem when I was locked out of the Appellate court hearing a week and half ago. The Superior court ignored my valid reason for a continuance in it's denial order. From what I've learned since, they could have offered a Trial by Declaration if they desperately needed to hold a trial on (date#1). Was Judge "Jones" notified that I was at the courthouse and requested to attend the hearing? Was it in his discretion to let me in and at least explain that I should've asked for verbal arguments? It was an 1 1/2 hour drive each way for me.
I understand now that I should've requested oral arguments when I filed the appeal.
What recourse do I have now? Can I file a Motion to request a re-hearing? Any further appeal? If so, how many days do I have to file?
Thanks, Ipp
Background
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In summer of 2012 I had a County Superior Court trial date scheduled for a speeding ticket, and for driving without a valid driver license.
The citing officer had informed me my license was suspended even though the DMV hadn't notified me. The old details are in the closed thread here (link).
The court is an hour and a half drive from where I live, and I had requested a continuance until the DMV had re-instated my driver license. The court denied my continuance request without addressing the valid reason for the request. The court held a trial in my absence and found me guilty. I appealed the ruling and requested a fee waiver for the transcript fees under G.C.Section 68632 (low income). The Superior court denied the fee waiver request without good reason twice. I filed an appeal of the denial of fee waiver order and

