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  1. #1
    Join Date
    Apr 2017
    Posts
    1

    Default How Do I Know if I Can Still Take Traffic School After Losing TBD

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

    Hello,

    During September of last year, I received a speeding ticket for going 75mph in a 65mph zone (Hwy 14). I know I was eligible for Traffic School before submitting my TBD paperwork. I realize that after I opt for TBD, it is up to the court to allow me to still take Traffic School. After receiving the paperwork stating that I lost my TBD, I realized that the one page document they sent back stating I was guilty does not state anywhere whether I am still eligible for Traffic School. I attempted to register for Traffic School online through the Court Website, but found that I was ineligible to do this online. Rather than wait to talk to a traffic clerk during the week, can anyone help me determine if I am still eligible for Traffic School so that I can sign up? I did request in my TBD statement that if I am found guilty, I request to be allowed to attend Traffic School.

    I'm sure this question has been posed many times, but I can't seem to find a specific thread.

    Thanks for the help.

  2. #2
    Join Date
    Oct 2016
    Posts
    1,116

    Default Re: How Do I Know if I Can Still Take Traffic School After Losing TBD

    Quote Quoting Tameon
    View Post
    ...it is up to the court to allow me to still take Traffic School.
    You answered your own question.

    Sorry, you'll have to wait in suspense the rest of the weekend.

  3. #3

    Default Re: How Do I Know if I Can Still Take Traffic School After Losing TBD

    If the court offered you the option to take traffic school before you did your TBWD (i.e. it was indicated on the Courtesy Notice you received), then opting to fight does not (or should not) make you ineligible for traffic school. In an in-person trial, the judge will ask if you want traffic school at the end of your trial if you're found guilty. In a TBWD case, perhaps if you did not ask for traffic school, they assume you don't want it. You may have to go back to the court and see a judge to request traffic school.

    You might check out People v. Wozniak (1987) 197 Cal.App.3d Supp. 43 , 243 Cal.Rptr. 686 and People v. Enochs (1976) 62 Cal.App.3d Supp. 42, 43-44 [133 Cal.Rptr. 363]. Wozniak cites Enochs, which basically says that a judge denying traffic school because the defendant chose to fight is an abuse of discretion. But it will ultimately be up to the judge as to whether or not you are allowed to take traffic school.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,407

    Default Re: How Do I Know if I Can Still Take Traffic School After Losing TBD

    Wozniak merely states the court must consider the possibility of traffic school, not that it must permit it if otherwise eligible. Nor does it require the court to articulate their reason for denial.

    Bottom line is the court can deny traffic school for pretty much any reason it wants and not tell anyone why. In CA it is typical to not allow TS if you go to trial and lose. Losing a TBWD may not trigger the same prohibition. Court practices, and judge's preferences, vary.
    **********
    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

  5. #5

    Default Re: How Do I Know if I Can Still Take Traffic School After Losing TBD

    Quote Quoting cdwjava
    View Post
    Wozniak merely states the court must consider the possibility of traffic school, not that it must permit it if otherwise eligible. Nor does it require the court to articulate their reason for denial.
    Exactly, that's what I'm saying. The court can't explicitly deny traffic school just because you fought your ticket, but it doesn't have to grant it to you, either.

    Quote Quoting cdwjava
    View Post
    Bottom line is the court can deny traffic school for pretty much any reason it wants and not tell anyone why. In CA it is typical to not allow TS if you go to trial and lose.
    I was just saying that in my experience, watching trials in multiple courtrooms in different San Diego area courts, the judges have always asked if you want traffic school after rendering a guilty verdict. But everyone's mileage may vary.

  6. #6
    Join Date
    Jul 2016
    Location
    Paso Robles, California
    Posts
    506

    Default Re: How Do I Know if I Can Still Take Traffic School After Losing TBD

    Quote Quoting cdwjava
    View Post
    In CA it is typical to not allow TS if you go to trial and lose.
    I disagree, in my county the commissioner will always grant traffic school after trial unless there are aggravating circumstances.

  7. #7
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,407

    Default Re: How Do I Know if I Can Still Take Traffic School After Losing TBD

    If that's the case, San Diego courts have changed since I was there. They used to roundly deny TS after court trials. But, again, courts can differ.
    **********
    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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