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  1. #1
    Join Date
    Aug 2009
    Posts
    1

    Question Bad Luck with the Cops

    My question involves a speeding ticket from the State of: California (Santa Ana, Orange County court)

    I was so unlucky with the cops. I got two speeding tickets in 3 days! The first one was at 80 and the second one was at 84. They are both on the tollroad in Orange County with the Santa Ana court. AND I was still taking online traffic school at the time for my previous speeding ticket on a surface street in Long Beach! I know I shouldn't have speeded, but common, it must have something to do with the luck

    I have a few questions before I decide what to do:

    1. Does anyone know if judge at Santa Ana still grants Level II traffic school (traffic school for people who has already taken traffic school in 18 months)?

    2. If I go to the court for one of the ticket and ask for Level II traffic school, and the judge doesn't give it to me, can I ask for a TRIAL BY DECORATION at that time? Is it likely that he'll grant it to me? I mean requesting to go to traffic school isn't admitting guilt and I should have right to plea not guilty, right? And I want to do the trial by decoration first.

    3. If I request Informal Discovery, and do not get it within the required time frame (15 days if delivered in person and 20 days if mailed), I may want to file "motion to dismiss" (I learned that from the book "How to Fight Tickets and Win in California). Can I file the motion via mail strictly or do I have to request a hearing with a judge at the arraignment? Does the motion have to be heard by a judge in person?

    4. Anyone recommend a good traffic lawyer who is familiar with the Orange County courts (Santa Ana court in particular) and charges a reasonable price? The ones I found are all very expensive.

    5. Anyone used www.2fixyourtrafficticket.com? Are they any good? They fight the tickets with Trial by Decoration and the price is relatively cheap compared to the lawyers' prices.

    You don't have to have the answers for all my questions in order to reply. Any help is appreciated. I am so stressed over those tickets...

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

    Default Re: Bad Luck with the Cops :(

    Quote Quoting Little_Viv
    View Post
    ... can I ask for a TRIAL BY DECORATION at that time? Is it likely that he'll grant it to me?
    Its "Trial by DECLARATION.... And yes, he should grant you your request for TBD.

    Quote Quoting Little_Viv
    View Post
    3. If I request Informal Discovery, and do not get it within the required time frame (15 days if delivered in person and 20 days if mailed), I may want to file "motion to dismiss" (I learned that from the book "How to Fight Tickets and Win in California). Can I file the motion via mail strictly or do I have to request a hearing with a judge at the arraignment? Does the motion have to be heard by a judge in person?
    While the book does in fact say that, that is not exatly true. If you do not receive discovery within the prescribed period then you can file for a "motion to compel", and if they fail to provide you with the requested items then you can motion that the items you requested be excluded from the evidence used against you which might lead to a dismissal.

    Filing for a motion to dismiss if they fail to provide you with your requested items will more likely be denied.
    Quote Quoting Little_Viv
    View Post
    ... Can I file the motion via mail strictly or do I have to request a hearing with a judge at the arraignment?
    I would suggest that you file motions and request that they be heard and ruled upon in person. Others may disagree... Ask the court clerk and see what they say.

    Quote Quoting Little_Viv
    View Post
    4. Anyone recommend a good traffic lawyer who is familiar with the Orange County courts (Santa Ana court in particular) and charges a reasonable price? The ones I found are all very expensive.
    How much were they asking for?

  3. #3
    Join Date
    Apr 2009
    Location
    SF Bay Area
    Posts
    625

    Default Re: Bad Luck with the Cops :(

    1 & 2: Level 2 traffic school will not mask your conviction from the public driving record - just cancel the point. Unless you are a couple of points away from losing your license, there's not much point in doing the 12hr traffic school. Yes, you can attend your arraignment and ask for the traffic school if you wish before you enter your plea. If the judge denies, you're more than welcome to enter a plea of not guilty and ask for TBD. By the way, there's no such thing as a trial by decoration. There is, however, Trial by Declaration.

    3. Read the book again - it has a good description of the process for filing motions if you have to file one after your arraignment.

    4. Hiring a lawyer for a traffic citation will run at least $500-$1000. That's just the way it is. In any case, even having a lawyer won't help much except for the chance at winning a reduction or a lower fine. Since you're charged with VC22349A, you're practically guaranteed to lose if the cop shows up to trial and gives halfway-decent testimony. Unless you are in danger of losing your license or your job, don't bother with lawyers.

    5. Sure it's cheaper, but will take you only two minutes to write your current mailing address and the phrase "I am not guilty" as statement of facts on your declaration. If the officer responds with his declaration that supports the conviction, most courts will just rubberstamp the case as guilty. An overwritten legalistic declaration won't help much more than the one I mentioned earlier.


    P.S. Slow down and pay attention to the road around you for a few weeks until the heat blows over.

  4. #4
    Join Date
    Aug 2009
    Posts
    16

    Default Re: Bad Luck with the Cops :(

    Commissioner Schwartz at the OC superior court will not issue 2nd traffic school; I was in his courtroom recently and he advised about 6 people who were asking for it to not bother because the insurance company will see it on your record and increase your premium anyway.

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