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  1. #1
    Join Date
    Jan 2015
    Location
    Lomita, California, United States
    Posts
    1

    Default How to File a Motion to Remove Point from Liscence

    My question involves traffic court in the State of: California

    Hello!

    Last year I received a traffic ticket which I paid for and attended traffic school for. Just recently I got a notice from my insurance that it was going up for having a point on my licence. I called the local courthouse who told me that they did not receive the paperwork verifying my completion of the course in time (even though i finished the course ten days before the deadline). The lady on the phone then told me that if I wished to have the point removed I would have to file a motion and speak to a judge and show that I finished the course in the allotted time. She would not give me any information at all on how to file a motion nor woulds she tell me If its something I could do by coming into the courthouse. any help would be greatly appreciated on how to get before a judge!

    Thanks!

  2. #2
    Join Date
    May 2013
    Posts
    1,055

    Default Re: How to File a Motion to Remove Point from Liscence

    You can find motion templates all over the net. This one is from nolo.com, where you can also get David Brown's book "Fight Your Ticket in California" which is a very good resource. The formatting didn't come out that good below. You can also go to your local law library where you can see any local court rules on motions. I don't know exactly whether the suggestions here will work as I've not done this.

    My suggestion would be that you go visit the District Attorney who is the prosecutor of record in most California traffic cases, even if he or she doesn't know that. If you serve them a copy of your Motion and get a memo or note from the DA saying they have no objection to the Motion to remove the point, you can probably get the court to notify DMV that the point should be removed as you completed Traffic School in time. Also look below at the California Rules of Court and elsewhere therein. You could show up at DMV and let them see all your paperwork on Traffic School but I doubt this will work. Look online to see whether your local court has info on your case available there.

    IN THE SUPERIOR COURT OF CALIFORNIA
    COUNTY OF LOS ANGELES
    VAN NUYS BRANCH
    THE PEOPLE/STATE OF CALIFORNIA,
    Plaintiff,
    vs.
    DANIELLE DEFENDANT,
    Defendant.
    REQUEST FOR DISCOVERY
    Court Docket No. A-1234567
    Citation Number: 99-HK-1234
    Date Issued: 4/15/20xx
    Police Agency: Los Angeles Police Dept.
    Citing Officer: Smith
    Badge No. LA-1234
    Prosecuting Agency: Los Angeles City Attorney
    TO THE ABOVE-NAMED POLICE AND PROSECUTING AGENCY:
    1. The above-named defendant hereby requests that you provide, to the defendant whose address is indicated below, copies of any and all relevant written or recorded statements of witnesses, including any statements, diagrams, or drawings made by the citing officer on any piece of paper—including the reverse of his/her copy of the citation—or other medium of information storage.
    2. The following are names and addresses of defense witnesses, other than defendant, who will testify at trial:
    ( ) None.
    ( X ) The following: Jane Doe, 345 Main St., Van Nuys, CA 90012 (818) 555-5678
    3. The following copies of notes made by defendant immediately after the ticket was issued and recorded statements of witnesses are attached:
    ( ) None.
    ( X ) See attached.
    DATED: May 17, 20xx
    Danielle Defendant
    DANIELLE DEFENDANT
    12345 Market Street
    Los Angeles, CA 90010
    Tel: (213) 555-1234

    ================================================== ==================================

    2015 California Rules of Court
    Rule 3.1112. Motions-and other pleadings

    (a) Motions required papers

    Unless otherwise provided by the rules in this division, the papers filed in support of a motion must consist of at least the following:

    (1)A notice of hearing on the motion;

    (2)The motion itself; and

    (3)A memorandum in support of the motion or demurrer.

    (Subd (a) amended effective January 1, 2007.)

    (b) Other papers

    Other papers may be filed in support of a motion, including declarations, exhibits, appendices, and other documents or pleadings.

    (Subd (b) adopted effective January 1, 2007.)

    (c) Form of motion papers

    The papers filed under (a) and (b) may either be filed as separate documents or combined in one or more documents if the party filing a combined pleading specifies these items separately in the caption of the combined pleading.

    (Subd (c) amended and lettered effective January 1, 2007 adopted as part of subd (a).)

    (d) Motion-required elements

    A motion must:

    (1)Identify the party or parties bringing the motion;

    (2)Name the parties to whom it is addressed;

    (3)Briefly state the basis for the motion and the relief sought; and

    (4)If a pleading is challenged, state the specific portion challenged.

    (Subd (d) amended and relettered effective January 1, 2007; adopted as subd (b).)

    (e) Additional requirements for motions

    In addition to the requirements of this rule, a motion relating to the subjects specified in chapter 6 of this division must comply with any additional requirements in that chapter.

    (Subd (e) amended effective July 1, 2008; previously amended effective January 1, 2007.)

    (f) Motion in limine

    Notwithstanding (a), a motion in limine filed before or during trial need not be accompanied by a notice of hearing. The timing and place of the filing and service of the motion are at the discretion of the trial judge.

    (Subd (f) adopted effective January 1, 2007.)

    Rule 3.1112 amended effective July 1, 2008; adopted as rule 312 effective July 1, 1997; previously amended and renumbered effective January 1, 2007.

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