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  1. #1
    Join Date
    Oct 2009
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    Default Can I Change My Plea After Posting Bail

    Traffic ticket in Los Angeles -- Failure to Stop at a Stop Sign.
    I posted bail and took home the paperwork for a Trial by Declaration.

    Conditions when I go the ticket were: early evening, dark street, dark damp overcast day, sign under canopy of tree. I really never saw any visible sign. I was not speeding in fact I was driving very slowly because the street was damp from on and off showers. The ticket makes no mention of the weather or conditions.

    When the officer cited me, I was really surprised and asked him to show me the stop sign. He didn't show me, but just said go to the intersection on the ticket. He asked me if there was any reason I did not stop. I said I didn't see any stop sign. He said that most people just admit to him that they drove right through it, instead of saying they didn't see it. He then asked if I had been drinking and thus did not see it. I said no I don't drink, which is a fact.

    When he handed me the ticket, he told me very frankly, not to waste my time fighting the ticket because he always goes to court and he has never lost. He told me that he gives people tickets all day long at that intersection, and has been stationed there doing that for some time and has never lost a case.

    I have an excellent driving record now (which the officer himself acknowledged to me) and have good vision.
    I don't know whether to believe what he said or not, but I think I have a good case so I went to the courthouse and filed for Trial by Declaration and paid my bail.

    The line to do this was very long and took nearly 2 hrs. just to post the bail! and I started to wonder how much time I would be wasting fighting this case.
    After I filed I read some of the posts here and wondered if I still had any options to change my plea before my new due date (to return paperwork).

    For instance, in case I wanted to change my plea to guilty and go to traffic school -- in order to reduce the time and hassle and keep my record clean.

    Thanks a lot for any help.

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

    Default Re: Can I Change My Plea After Posting Bail

    Quote Quoting scout66
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    Conditions when I go the ticket were: early evening, dark street, dark damp overcast day, sign under canopy of tree. I really never saw any visible sign. I was not speeding in fact I was driving very slowly because the street was damp from on and off showers. The ticket makes no mention of the weather or conditions.
    Probably because weather is not a factor in having to stop at a stop sign. As for darkness, well, you had you headlights on, right?

    Quote Quoting scout66
    View Post
    When the officer cited me, I was really surprised and asked him to show me the stop sign. He didn't show me, but just said go to the intersection on the ticket. He asked me if there was any reason I did not stop. I said I didn't see any stop sign. He said that most people just admit to him that they drove right through it, instead of saying they didn't see it. He then asked if I had been drinking and thus did not see it. I said no I don't drink, which is a fact.
    Well, if you feel that the sign is not visible, then you should argue you case in court. Take pictures of the sign showing it isn't visible on approach and either submit those with your declaration or take them to court to show the judge.

    However, don't forget that intersections that have STOP signs, usually have a wide white line as well as the word STOP painted in BIG letters on the street. So your arguing that the sign was not visible might not get you out of the ticket.

    Quote Quoting scout66
    View Post
    For instance, in case I wanted to change my plea to guilty and go to traffic school -- in order to reduce the time and hassle and keep my record clean.
    Yes you can. Your best bet is to go back to court (may be they wont be as busy in the afternoon) and request that from the clerk. You'd have to pay the additional traffic school administrative fee which is anywhere between $49 and $69... (The exact amount should be on your courtesy notice).

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