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  1. #1
    Join Date
    Feb 2015
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    2

    Default Can You Get Traffic School After Losing a Trial by Written Declaration

    My question involves traffic court in the State of: California

    I got a ticket this on 12/30/14 for failure to stop at a stop sign CVC22450(A) by my house. The cop claimed that i completely ran the sign and made zero attempts to stop but I know I did stop. I drive home this way almost everyday and I know they wait around just for people to commit rolling stops, why would i just blatantly run it?

    Anyways, I decided to plead not guilty and was planning on sending in a trial by written declaration after reading a lot about it online and wanting to fight it. Reading www.helpigotaticket.com, it seemed to me that this was the way to go. According to the site, worse come worse, I can just ask for traffic school later on during the trial de novo and if i have my courtesy notice stating that they offered me traffic school, then they'll have to let me take it. The site says "The trick is to get the court to offer you traffic school before you go to trial. Once they offer, you can go, even if you go to trial. "

    However, after reading more on the internet, it seems to me that if I lose the declaration, which I most likely will, that a lot of times the judge will not grant traffic school since they deem that I am wasting the court's time by pleading not guilty in the first place. I have realized that I don't want to take this risk anymore.

    At this point, what can i do? Can i go back to the clerk and plead guilty and ask for traffic school? Is the judge likely to deny me traffic school at this point?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Can You Get Traffic School After Losing a Trial by Written Declaration

    No one can say what the judge WILL do. While it is possible that you will not be permitted to take traffic school if you lose the TBWD, it is also possible that you will. There will be others along who can better tell you how to conduct the TBWD so as to express your desire for TS should the court find against you.

  3. #3
    Join Date
    Mar 2013
    Posts
    1,279

    Default Re: Can You Get Traffic School After Losing a Trial by Written Declaration

    Did you seek informal discovery? It may help you a lot.

  4. #4

    Default Re: Can You Get Traffic School After Losing a Trial by Written Declaration

    The law says that a court must give you the same consideration for traffic school after a trial as it would before a trial. However, the law also says that if the judge denies traffic school, he doesn't have to say why. In other words, the law guiding the judge's action is clear... but if he choses to ignore the law (which many traffic court judges do) then there is nothing you can do about it (unless he is stupid enough to say that he is denying traffic school because you were convicted - not likely to happen).

  5. #5
    Join Date
    Feb 2015
    Posts
    22

    Default Re: Can You Get Traffic School After Losing a Trial by Written Declaration

    Many judges will allow Traffic School after trial, even if they implied they might not before trial. It's a risk you might take depending on your particular case and what you have as a defense. If your due date is still in the future, and I'm guessing it is, then you still can request TBD and even request TS within that, assuming you're found guilty at that point. If you're not satisfied with the TBD outcome, you can still go back for a new trial in court and, assuming the officer shows up, offer to plead guilty just before your trial starts, if the court allows.

    You're likely to be much more successful if you're informed on the whole process, well dressed, and respectful. Many defendants you'll see in court, if your case gets that far, are poorly dressed and/or argumentative in addition to not knowing what they're talking about or having a fundamental understanding of their options.

  6. #6
    Join Date
    Feb 2015
    Posts
    2

    Default Re: Can You Get Traffic School After Losing a Trial by Written Declaration

    Quote Quoting jeff1970
    View Post
    Many judges will allow Traffic School after trial, even if they implied they might not before trial. It's a risk you might take depending on your particular case and what you have as a defense. If your due date is still in the future, and I'm guessing it is, then you still can request TBD and even request TS within that, assuming you're found guilty at that point. If you're not satisfied with the TBD outcome, you can still go back for a new trial in court and, assuming the officer shows up, offer to plead guilty just before your trial starts, if the court allows.

    You're likely to be much more successful if you're informed on the whole process, well dressed, and respectful. Many defendants you'll see in court, if your case gets that far, are poorly dressed and/or argumentative in addition to not knowing what they're talking about or having a fundamental understanding of their options.
    I've read mixed advice on asking for traffic school within the TBD itself. I honestly don't have a concreted defense. It's my word and my passengers word against the cops. And I know I'll lose every time. I guess my big question is when I lose the TBD, is the only way to ask for traffic school after I am found guilty is through a trial de novo? I'm just trying to avoid the point on my license so it won't jack up my insurance being that I'm also only 19 years old.

  7. #7
    Join Date
    Feb 2015
    Posts
    22

    Default Re: Can You Get Traffic School After Losing a Trial by Written Declaration

    I would not give up on the TBD prospects just yet. As to TS, if you could get a written statement from the DA saying they do not oppose, the court could order TS post trial although you may have better luck with a Motion, properly served and noticed. Otherwise, just request TDN and request either before or after trial.

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