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  1. #31
    Join Date
    Oct 2016
    Posts
    3,021

    Default Re: Stop Sign - 22450(A)

    https://newsroom.courts.ca.gov/facts...-in-california

    Traffic Tickets in California, Explained
    How is the amount determined and where does the money go?

  2. #32
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,319

    Default Re: Stop Sign - 22450(A)

    Quote Quoting L-1
    View Post
    But is it false?

    cdwjava said the city gets about $7.50 while the judicial website references a split between the city and county. It is possible CDW's town only got "around" $7.50 as part of their split?

    No one does this for the money. CHP writes hundreds of thousands of citations each year and doesn't see a penny of citation money in their budget.
    The CVC lays out the percentages of the BASE fine (typically $35) that each jurisdiction receives. This amount is often in the 25% range. CHP doesn't receive this, of course. It varies a bit by jurisdiction. I'd find the section that lays it out, but am a bit rushed just now.
    The officer's employing jurisdiction makes virtually nothing on moving cites. This is why budgeting for law enforcement agencies tend not to rely on moving cite income for their budgets. Parking, yes. Records, yes. Other sources, yes. But from cites? Too small and relies on cites not being contested to make anything at all. Parking cites, now THAT is where the money is!
    **********
    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

  3. #33

    Default Re: Stop Sign - 22450(A)

    Quote Quoting zeljo
    View Post
    You cannot get the ticket dismissed in TBD due to failure of CHP to provide discovery. If you do TBD, though, the officer will submit his statement, which you can get from the court, free of charge, if you lose TBD. What is your defense?
    Is it possible to see the officer's statement before the deadline for filing my plea in TBD? Both my discovery requests have been ignored (by CHP and DA).

    Thanks!

  4. #34
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,319

    Default Re: Stop Sign - 22450(A)

    Quote Quoting rtg20
    View Post
    Is it possible to see the officer's statement before the deadline for filing my plea in TBD? Both my discovery requests have been ignored (by CHP and DA).

    Thanks!
    If the officer's statement has been submitted, and the court will allow you to see the file, yes. You can always go to the court and ask.
    **********
    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. #35
    Join Date
    Mar 2013
    Posts
    1,213

    Default Re: Stop Sign - 22450(A)

    Go to the CHP office in question, ask to speak with the Custodian of Records or if they are not available, a supervisor. Show them a copy of your citation along with the informal discovery requests you have sent to CHP that have gone unanswered, explain that have not received anything after multiple requests and that you have a short court date coming up. Then ask if the can check the officer's mail box and make you a copy of his "green."

    The "green" is the officer's copy of the citation. Most (but not all) officers store them in their office mailbox so they can be easily accesable to the Custodian of Records or a supervisor when the citing officer is off duty. What you are asking is unorthodox and by policy should be denied. However, if you are polite, explain the situation and do not cop an attitude, someone just might help you (so be extra polite).

    Hopefully that will get you a little bit of what you are looking for.

  6. #36

    Default Re: Stop Sign - 22450(A)

    Quote Quoting L-1
    View Post
    Go to the CHP office in question, ask to speak with the Custodian of Records or if they are not available, a supervisor. Show them a copy of your citation along with the informal discovery requests you have sent to CHP that have gone unanswered, explain that have not received anything after multiple requests and that you have a short court date coming up. Then ask if the can check the officer's mail box and make you a copy of his "green."

    The "green" is the officer's copy of the citation. Most (but not all) officers store them in their office mailbox so they can be easily accesable to the Custodian of Records or a supervisor when the citing officer is off duty. What you are asking is unorthodox and by policy should be denied. However, if you are polite, explain the situation and do not cop an attitude, someone just might help you (so be extra polite).

    Hopefully that will get you a little bit of what you are looking for.
    OK I intended to visit the office yesterday and on Wed but it didn't work out so I called today instead. Asked to speak to the Custodian of Records and explained the situation. They told me to call back on Monday and ask to speak to the sub poena clerk.

    Meanwhile the DA replied to my discovery request and directed me to the CHP for discovery.

    I'm planning to ask for a continuance on the trial by written declaration if I can't get my discovery in time.

  7. #37
    Join Date
    Jul 2016
    Location
    Paso Robles, California
    Posts
    492

    Default Re: Stop Sign - 22450(A)

    Quote Quoting rtg20
    View Post
    Is it possible to see the officer's statement before the deadline for filing my plea in TBD?
    If you're talking about the officers TBD statement, NO. The officer isn't even notified that you opted for a TBD until after your file your TBD statement with the court (See instructions in form TR-200, paragraph 3). Prior to that, the only statement filed by the officer is the Notice to Appear.
    *****
    I may not always be right, but I am never wrong.

  8. #38

    Default Re: Stop Sign - 22450(A)

    ...ok I finally got my discovery from the CHP and it is damning. More damning than expected. What's the easiest way to get traffic school at this point?

  9. #39
    Join Date
    Jul 2016
    Location
    Paso Robles, California
    Posts
    492

    Default Re: Stop Sign Ticket, VC 22450(A)

    Quote Quoting rtg20
    View Post
    Should I plead no contest in the TBD to maximize my chance of getting traffic school? I don't want my insurance to go up.
    You CAN'T plead No Contest in a TBD, the only plea allowed is Not Guilty. All you have to do is ask the court for traffic school and you'll get it. There is nothing else you have to do (except pay the fine).
    *****
    I may not always be right, but I am never wrong.

  10. #40

    Default Re: Stop Sign Ticket, VC 22450(A)

    Thanks for the reply. So on the "Explain what happened" part of the TBD form I should write something like "In the event that the court does not find in my favor in this case, I respectfully request traffic school"...?

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