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  1. #1
    Join Date
    Jan 2007
    Posts
    1

    Default Appealing denial of traffic school

    I contested a moving violation - failed to yield to pedestrian - and was found guilty in Santa Clara county, CA. I have a good driving record and contested the ticket because I genuinely felt that I was not at fault. At the end of the ruling, I asked the judge for the option for attending traffic school and was denied.

    My question is: can I appeal against the decision to deny me traffic school? I do not want to appeal against the guilty ruling - just the decision to deny me attending traffic school.

    One part of me is saying just to let it go and forget about it. The other part is kind of angry in the sense that I feel that the system is saying that even though I feel that I am not guilty, I have to plead guilty to go to traffic school. This seems unfair to me.

    I sent a query to the Palo Alto courthouse of Santa Clara CA, and got a reply stating that I can only appeal against the ruling, but not against the decision to deny me traffic school.

    Any idea on how much the cost is for an appeal? I am thinking that if the cost is not much I will appeal anyway as a form of protest against this system that is encouraging me to plead guilty even though I do not think that I am. I do not think an appeal would do much, but I just want to protest against this system.

    Any advice is most welcome.

    Thank you.

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Appealing denial of traffic school

    Q: My question is: can I appeal against the decision to deny me traffic school? I do not want to appeal against the guilty ruling - just the decision to deny me attending traffic school.

    A: I sent a query to the Palo Alto courthouse of Santa Clara CA, and got a reply stating that I can only appeal against the ruling, but not against the decision to deny me traffic school.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Appealing denial of traffic school

    Traffic school is a discretionary decision by the judge. In most CA traffic courts, traffic school is not granted after a contested court trial. Appealing something that is at the judge's discretion is not generally possible.

    I cannot find appeals information the S.C. County court website, but you can probably find out the process by calling. You will likely have to post the entire bail amount pending the appeal. If you are contesting the verdict of the court you will also have to articulate some kind of grounds for the appeal. The best way to accomplish this is to use the services of an attorney and this might well cost you a low end of $2,000.

    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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