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  1. #1

    Default No Contest in a Trial by Written Declaration

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

    I allegedly ran a stop sign last Jan. Trial by written declaration is set for next week. I eventually got discovery from the CHP and it's damning. 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.

    Thanks in advance

  2. #2
    Join Date
    Mar 2013
    Posts
    16,871

    Default Re: No Contest in a Trial by Written Declaration

    I suggest you call the court for instructions about traffic school.

    A no contest plea is the same as guilty.

    Traffic school is usually an option before you plea.

    Check it out with the court before you make a mistake.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,000

    Default Re: No Contest in a Trial by Written Declaration

    f you wanted to maximize your chances of not getting the point, DON'T DO A TBD. Go to court (or contact them ahead of your due date) and ask for traffic school at the outset.

    You can't plead anything in a TBD. A TBD is an implicit not guilty plea. If you don't say anything persuasively exculpatory, you'll be found guilty, lose the bail you already have paid, and eventually get a point. The only hope at that point is to ask for a Trial De Novo. Again, that's going in with an implicit plea of not guilty. You can then ask for traffic school, but prepare for it to be denied.

  4. #4
    Join Date
    Jul 2016
    Location
    Paso Robles, California
    Posts
    489

    Default Re: No Contest in a Trial by Written Declaration

    Quote Quoting adjusterjack
    View Post
    Traffic school is usually an option before you plea.
    This is not true. There must be a plea entered and a conviction before you are eligible for traffic school.
    VC 41501. (a) "After a deposit of bail and bail forfeiture, a plea of guilty or no contest, or a conviction, … the court may order that the conviction be held confidential by the department…"
    *****
    I may not always be right, but I am never wrong.

  5. #5

    Default Re: No Contest in a Trial by Written Declaration

    OK so the deadline for my TBD is this Thursday. I plan on delivering my paperwork in person though as last time I mailed something it got lost, even though I sent it certified. Can I ask for traffic school at the counter, prior to dropping off my paperwork?

    The officer still hasn't returned his TBD paperwork, but I was able to get discovery and it's damning.

    Thanks!

  6. #6
    Join Date
    Jul 2016
    Location
    Paso Robles, California
    Posts
    489

    Default Re: No Contest in a Trial by Written Declaration

    All you have to do is tell the clerk that you want to plead Not Guilty, request traffic school and pay the fineit's that simple. You don't even need to file your TBD form.
    Quote Quoting rtg20
    View Post
    The officer still hasn't returned his TBD paperwork...
    The officer won't even be notified that there is a TBD until AFTER you file YOUR statement.
    *****
    I may not always be right, but I am never wrong.

  7. #7

    Default Re: No Contest in a Trial by Written Declaration

    Quote Quoting Jim Kozlovich
    View Post
    All you have to do is tell the clerk that you want to plead Not Guilty, request traffic school and pay the fine…it's that simple. You don't even need to file your TBD form. The officer won't even be notified that there is a TBD until AFTER you file YOUR statement.
    I can see online that the court sent the request to the officer on 6/10, when I requested TBD.

    06/10/2019 NOTICE OF INSTRUCTIONS TO ARRESTING OFFICER (TR-210) SENT ELECTRONICALLY TO XXXXXX@CHP.CA.GOV (AGENCY EMAIL).
    06/10/2019 OFFICER'S DECLARATION (TR-235) TO BE RETURNED BY 06/27/2019.

  8. #8
    Join Date
    Oct 2016
    Posts
    2,879

    Default Re: No Contest in a Trial by Written Declaration

    Quote Quoting rtg20
    View Post
    I can see online that the court sent the request to the officer on 6/10, when I requested TBD.

    06/10/2019 NOTICE OF INSTRUCTIONS TO ARRESTING OFFICER (TR-210) SENT ELECTRONICALLY TO XXXXXX@CHP.CA.GOV (AGENCY EMAIL).
    06/10/2019 OFFICER'S DECLARATION (TR-235) TO BE RETURNED BY 06/27/2019.
    Since today is the 24th it isn't late yet.

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