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  1. #1
    Join Date
    Jan 2014
    Posts
    2

    Default Appealing a TBD Conviction for Failure to Stop at a Red Light

    My question involves a traffic ticket from the state of:CA

    I got a ticket for not stopping at red light on a two dedicated lines for right turn. As far as I remember, I usually stop at red light before proceeding. Based on that I requested a TBD and mentioned that I stopped at red light before turning right. But my TBD was denied. I got similar ticket(camera ticket) three year back for not stopping at red light on dedicated right lane. I am not a careless driver and I understand that I need to be more careful everytime when taking a right turn.
    Now I want to know my options for this ticket after my TBD was denied. I already paid the bail amount-$490 . Can I request a trail (not the Trail de novo) and appear in court and plead guilty and request reduction in bail amount with traffic school option. or can I request a trail de novo with-out the citation officer and plead guilty for bail amount reduction and traffic school. I do not want to justify my self when I am not sure about the stop. Instead I would like to request for less fine and be careful while driving. I need to respond to in 3 days and I really appreciate your advice for me.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,670

    Default Re: Appealing a TBD Conviction for Failure to Stop at a Red Light

    Once you submit a TBD you've implicitly plead not guilty. You will not get an arraignment. Your only option is a trial de novo. You can still request traffic school at your new trial (prior to the actual start of the trial). In most courts I suspect you have little chance of getting any of the fine back. You have a reasonable chance of traffic school (which will cost additional $$$ but will avoid the DMV point).

  3. #3
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Appealing a TBD Conviction for Failure to Stop at a Red Light

    Quote Quoting gkb
    View Post
    Can I request a trail (not the Trail de novo) and appear in court and plead guilty and request reduction in bail amount with traffic school option. or can I request a trail de novo with-out the citation officer and plead guilty for bail amount reduction and traffic school. I do not want to justify my self when I am not sure about the stop. Instead I would like to request for less fine and be careful while driving. I need to respond to in 3 days and I really appreciate your advice for me.
    Your only op[tionm at this poiint is to request a trial de novo. The outcome of your TBD which resulted in a conviction makes the $100 base fine a mandatory fine by way of CVC 42001.15

    CVC 42001.15

    Every person convicted of an infraction for a violation of subdivision (a) or (c) of Section 21453, subdivision (c) of Section 21454, or subdivision (a) of Section 21457 shall be punished by a fine of one hundred dollars ($100).


    (BTW: A base fine of $100 equals $490 after adding in all the other statutory penalties and assessments).

    So there goes the fine reduction you could have had, if you'd opted for a guilty plea at the outset. Now, pursuant to California Rule of Court #4.210 if you are dissatisfied with the outcome of your TBD, the only option you have is to either accept reality and move ion, or request a Trial De Novo. But neither of those options will get you a fine reduction, because it appears you are guilty of the offense and so the only reasonable expectation you should have is to be convicted once again. Which brings back CVC 42001.15 into the picture and your $490 fine cannot be reduced.

    As for traffic school, you can request a trial de novo and ask for it before the trial starts but there is no guarantee that your request will be granted.

  4. #4
    Join Date
    Jan 2014
    Posts
    2

    Default Re: Appealing a TBD Conviction for Failure to Stop at a Red Light

    Thank you so much for your replies. Can you please elaborate it little bit about 'requesting a traffic school in a trail before actual trail starts'. If I understand it correctly, I submit 'request de novo' at the counter and ask for another trail for requesting traffic school. is that right? if judge allows me for traffic school, what happens to request de novo trail? Should I take back the TDN?

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