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  1. #1
    Join Date
    Jul 2009
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    Default Mandatory Appearance

    My question involves a speeding ticket from the State of: CA

    Received a citation for going 94 on I5 in a 65 zone. Courtesy notice finally came with a mandatory appearance. Called the court and was told that I could go in anyday before due date, but must be there by 8am. Is this true? Was also told emphatically that the judge will not allow traffic school but may reduce the fine. It's 300 miles to the court and I want to minimize the amount of time spent taking care of it.

    Any advice would be appreciated.

  2. #2
    Join Date
    Mar 2009
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    LA LA Land
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    9,170

    Default Re: Mandatory Appearance

    Quote Quoting lowspeed
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    My question involves a speeding ticket from the State of: CA

    Received a citation for going 94 on I5 in a 65 zone. Courtesy notice finally came with a mandatory appearance. Called the court and was told that I could go in anyday before due date, but must be there by 8am. Is this true? Was also told emphatically that the judge will not allow traffic school but may reduce the fine. It's 300 miles to the court and I want to minimize the amount of time spent taking care of it.

    Any advice would be appreciated.
    If you choose to appear before the date on the citation, then you need to be there when the court opens so that the clerk can pull & send your file to the judge. Some courts may allow you to appear before the judge even if you're not there when the court first opens but chances are you'll be the one of the last cases the judge will call.

  3. #3
    Join Date
    Jul 2009
    Posts
    3

    Default Re: Mandatory Appearance

    Quote Quoting That Guy
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    If you choose to appear before the date on the citation, then you need to be there when the court opens so that the clerk can pull & send your file to the judge. Some courts may allow you to appear before the judge even if you're not there when the court first opens but chances are you'll be the one of the last cases the judge will call.

    Thanks. Knowing that the judge will likely not grant traffic school, should I still try TBWD, plead not guilty? And if I lose, get a new trial and a new judge who may be more sympathetic?

  4. #4
    Join Date
    Apr 2009
    Location
    SF Bay Area
    Posts
    625

    Default Re: Mandatory Appearance

    Considering that you will probaby spend $50-100 in gas alone for each roundtrip depending on your gas mileage, not to mention the wasted time and the risk of yet another ticket, you might want to consider hiring an attorney who practices in that area. The ticket will be ~$400. I had to make a couple of 200mi trips for a ticket I got on I-5, and that was a huge hassle because of the distances involved.

  5. #5
    Join Date
    Feb 2008
    Posts
    1,622

    Default Re: Mandatory Appearance

    I know some courts send out notices of "mandatory appearance" from time to time... but they do not have the authority to do so. The law is clear that a person can enter a plea via mail and they can do a TBWD. Some people here believe that if the court directed you to show up with a rubber chicken tied to your head, you would be obligated to do that also....

  6. #6
    Join Date
    Jul 2009
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    3

    Default Re: Mandatory Appearance

    Quote Quoting HonkingAntelope
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    Considering that you will probaby spend $50-100 in gas alone for each roundtrip depending on your gas mileage, not to mention the wasted time and the risk of yet another ticket, you might want to consider hiring an attorney who practices in that area. The ticket will be ~$400. I had to make a couple of 200mi trips for a ticket I got on I-5, and that was a huge hassle because of the distances involved.
    getting a lawyer will run minimum $500 per court appearance. With appearances, legal fees, time off work, it'd a wash with just paying the fine and suffering the insurance for next 3 years.

    Quote Quoting EWYLTJ
    View Post
    I know some courts send out notices of "mandatory appearance" from time to time... but they do not have the authority to do so. The law is clear that a person can enter a plea via mail and they can do a TBWD. Some people here believe that if the court directed you to show up with a rubber chicken tied to your head, you would be obligated to do that also....
    I found a posting in this forum that someone tried TBWD and had it rejected and his check returned. You may be right but the court sure can make it difficult.

  7. #7
    Join Date
    Feb 2008
    Posts
    1,622

    Default Re: Mandatory Appearance

    Quote Quoting lowspeed
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    I found a posting in this forum that someone tried TBWD and had it rejected and his check returned. You may be right but the court sure can make it difficult.
    Well, do we, as Americans, not hold our government accountable because it is difficult? Do we stop demanding our rights because it is difficult? One of the main reasons our country is on the path it is... is because people have forgotten how precious and fagile their liberty is.

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