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Ca Traffic Court Waiver Form

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occharge

Member
What is the name of your state? California, Los Angeles County ( so I'm hoping CourtClerk will chime in on this one)

I have recently had to make a few traffic court appearances. On one of those appearances I have had to sign a "waiver form" (NOT the form stating I agree that a Temporary Judge will be adjudicating my case... The other one).

My questions are:
1. Is that waiver form available online (from the Judicial Council website)? Or is it something that I can only get if I appear in court? If so, what is it called or what "form #" is it?

2. What am I "waiving" by signing that form?

3. Is there anyway I can find out if I have signed & submitted such a waiver for a particular citation?

Thanks in advance...
 


JIMinCA

Member
occharge,

For the life of me, I can't imagine why you would sign a form waiving your rights and not know what you were waiving. You did NOT have to waive anything. You can never be required to waive your rights. The state obviously hasn't waived any of theirs.

You probably signed a form waiving right to a speedy trial. Who knows. I do sympathize a bit as I have been to traffic court many times and watched people "waive" their rights because the court presented it in a way that they believe they had to. For example: recently I was in traffic court in Lancaster CA. One officer, officer white, did not show up and he had about ten cases being heard that day. The court simply told each defendant that they were going to "reschedule" their cases and asked if a particular future date would be OK with them. Like a bunch of sheep, they all agreed. Not one of them was advised that they did NOT have to agree and that they could object to an inappropriate continuance of their case. All of these people took off of work, sat around for most of the morning in the courthouse only to be told that since the State could not produce their witness, they would have to come back. Think of the shoe on the other foot. If a person in a traffic trial had a witness who could not appear... do you think the court would allow a continuance? Hell no!!

It's simply as I told my wife as we were walking into the courtroom. I hate courts because justice is NOT found in a courtroom.
 
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occharge

Member
occharge,
For the life of me, I can't imagine why you would sign a form waiving your rights and not know what you were waiving. You did NOT have to waive anything. You can never be required to waive your rights. The state obviously hasn't waived any of theirs.
Jim, I never said anything about not knowing what rights I was waiving by signing the form I was asking about. You can rest assured that I read that entire form at the time & that I knew exactly what I was signing/waiving/agreeing to at the time.
You did NOT have to waive anything. You can never be required to waive your rights. The state obviously hasn't waived any of theirs.
I am aware of that. The form I am speaking of and unless it is completed and signed, the court will not hear your plea on that day. Meaning, if your case is called, you are supposed to walk up, hand the properly completed form to the Bailiff, he checks it, and if it is properly filled in and sign the Judge will continue, if it is not properly completed, you "will have to come back within 5 business days" with a properly completed form and the court will take your plea at that time. If you say you were in court recently, then you HAD TO sign and submit that same form. So can you remember what form you signed?

You probably signed a form waiving right to a speedy trial. Who knows..
The case that I was appearing in court for is one where I had "Failed To Appear" for a previously scheduled court date so my "right to a speedy trial" isn't/wasn't one of my biggest concerns. Besides, that form I signed on 4/17/08, I plead "no guilty", posted bail and returned for my trial 32 days later so I did not have to give up/waive my "right to a speedy trial".

For example: recently I was in traffic court in Lancaster CA. One officer, officer white, did not show up and he had about ten cases being heard that day.
WOW, small world! I too am speaking of A V Court in Lancaster & I too had a case scheduled for trial although in my case and since officer White did not show up that afternoon, my case, in addition to about 11 other cases, was dismissed by the Judge. I'm curious to know which judge was it who rescheduled those cases!!!! Was it that Temp (lady) judge???

Officer White seems to be developing quite the reputation. Just goes to show you that many officers assume that everyone they cite will just write the check and mail it in. So he stands there (he has a few spots he hangs out at: S/B 10th West, JNO Ave K + E/B Ave L just before the bridge + N/B Valley Central Way JNO Ave J) all day tagging people with his LASER gun & citing them for 22350 yet he rarely appears in court. I can see why though!!!
A CVC 22350 with LASER!!!!

The court simply told each defendant that they were going to "reschedule" their cases and asked if a particular future date would be OK with them. Like a bunch of sheep, they all agreed. Not one of them was advised that they did NOT have to agree and that they could object to an inappropriate continuance of their case. All of these people took off of work, sat around for most of the morning in the courthouse only to be told that since the State could not produce their witness, they would have to come back. Think of the shoe on the other foot. If a person in a traffic trial had a witness who could not appear... do you think the court would allow a continuance? Hell no!!

It's simply as I told my wife as we were walking into the courtroom. I hate courts because justice is NOT found in a courtroom.
I have to give it to the court clerk the day I was there. Although they say "we cannot give you legal advice" and after asking who may want to take Traffic School, a few people raised their hands... One by one, she asked them for their names. Knowing officer White was not there that day, she specifically told them: "it is in your best interest to keep things as they are".

I'll have you know that the reason I ask about this form is because I am appealing a Traffic Court case I recently had. I realize that appeals are extremely difficult to win. But this time, I clearly got railroaded by a family law attorney sitting in a Temp position as a Traffic Court Judge... Win or lose, my only purpose is to get my point across to her. "Stick to divorce court".
 
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CourtClerk

Senior Member
What is the name of your state? California, Los Angeles County ( so I'm hoping CourtClerk will chime in on this one)

I have recently had to make a few traffic court appearances. On one of those appearances I have had to sign a "waiver form" (NOT the form stating I agree that a Temporary Judge will be adjudicating my case... The other one).

My questions are:
1. Is that waiver form available online (from the Judicial Council website)? Or is it something that I can only get if I appear in court? If so, what is it called or what "form #" is it?
The only 2 waivers that I am aware of that are used in traffic are the ones that give the right to have a pro tem hear the case, and one waiving time for trial. Do you remember what it looks like? Neither of those are judicial council forms I believe, they fall under the local rules and should be local forms. I can call a friend and get the form numbers.
2. What am I "waiving" by signing that form?
Depends on what you signed. Did you read it? Do you remember anything it said. Generally, the waiver waiving time basically states that you allow the case to go outside of statute to give the court permission to hear it. You generally have to go to trial within 45 days, if they don't have a date for trial within the 45 days because of the officer's schedule, then they have you sign a waiver. Which court is this?
3. Is there anyway I can find out if I have signed & submitted such a waiver for a particular citation?
If it's the waiver waiving time, then yes, it should eventually be scanned into the court's file. Once scanned, the paper copy will be destroyed. Depending on the court though, it could take months to scan it, and with the budget and the shortages at all of the courts, expect it to take a WHILE.
 

CourtClerk

Senior Member
I'll have you know that the reason I ask about this form is because I am appealing a Traffic Court case I recently had. I realize that appeals are extremely difficult to win. But this time, I clearly got railroaded by a family law attorney sitting in a Temp position as a Traffic Court Judge... Win or lose, my only purpose is to get my point across to her. "Stick to divorce court".
Was this YOUR family law attorney sitting as a temp judge and do you happen to remember who/what this person looked like.

Reason being, there is/was a family law attorney that sits as a judge pro tem at several courthouses (including the one I worked at - in the courtroom I clerked for) and he was horrible at it. Later on, he became my ex's family law attorney. He was no good at that either. So not only should he NOT do traffic, he should NOT do family law either. :p Pro Tems have to do a certain number of hours before they can apply for Commissioner of the courts. Generally they start in traffic to get their feet wet. A lot of them are new, but the better ones of the groups are all utilized by the larger courts because they can handle the volume.
 

occharge

Member
The only 2 waivers that I am aware of that are used in traffic are the ones that give the right to have a pro tem hear the case, and one waiving time for trial. Do you remember what it looks like? Neither of those are judicial council forms I believe, they fall under the local rules and should be local forms. I can call a friend and get the form numbers.

Depends on what you signed. Did you read it? Do you remember anything it said. Generally, the waiver waiving time basically states that you allow the case to go outside of statute to give the court permission to hear it. You generally have to go to trial within 45 days, if they don't have a date for trial within the 45 days because of the officer's schedule, then they have you sign a waiver. Which court is this?

If it's the waiver waiving time, then yes, it should eventually be scanned into the court's file. Once scanned, the paper copy will be destroyed. Depending on the court though, it could take months to scan it, and with the budget and the shortages at all of the courts, expect it to take a WHILE.
Hi CourtClerk,
Thank you for your reply and for your offer to help. I greatly appreciate both.

This form/waiver I am speaking of is a single page form. It has the form name in big bold letters at the top, followed by the actual language of the waiver/agreement (which takes up about 2/3 of the page) followed by a section where I would print and sign my name as well as include my case # which is the citation #.

I signed this in the A V Court in Lancaster, on the day of my arraignment, and I know that they require "one form for each citation" if one is appearing for more than one citation. I also know that without having that form completely and correctly filled out, the bailiff will tell the Judge "your honor, they don't have the form completed properly" at which time the Judge will tell the defendant "I can't hear your plea today. But you can come back within the next 5 business days with a properly completed form and we will proceed.

I know it is not the form "waiving time" because like I previously mentioned, I appeared on April 17, signed this form and submitted it to the Bailiff when my name was called, I plead not guilty, the Court set a trial date on May 19 (within the 45 days prescribed by law) & I was ordered to post bail by 11:30 that morning.

I also know it is not the form that I signed allowing a pro tem Judge to hear the case because I did not sign & submit that until May 19, the day of the trial.

My guess is that since I had a previous FTA on that case, and since an FTA is a misdemeanor, it is a form agreeing that "although I am aware that an FTA is a misdemeanor, that I agree that it will be treated as an infraction and thereby I am giving up my right to a Jury trial". I also think that it is the same form that defendants with a CVC 14601 or a CVC 12500.a also have to sign (and for the same reason).

I posted this question after losing the trial which was held on May 19th because I am appealing the court's ruling in that case. Like I mentioned before I got railroaded by a pro tem Judge and one of the 3 issues I can bring up on appeal is that she sentenced me on the FTA charge when in fact she should have either asked me (on the record) if I am waiving my right to a jury trial or she should have asked me to sign a written waiver stating the same. But if I had signed such a waiver prior to my arraignment, then it would be best if I were to exclude the jury trial argument out of my appeal papers.

A question: if I go to court and if I were to ask the Clerk at the window to check the case file for any waivers, would he/she do that? Or would they tell me to go bark up a tree?

Thank you so much; your stating "The only 2 waivers that I am aware of..." has helped a lot. If you can offer any additional information then that's great. If not, then I am appreciative just the same.
 

occharge

Member
Was this YOUR family law attorney sitting as a temp judge and do you happen to remember who/what this person looked like.

Reason being, there is/was a family law attorney that sits as a judge pro tem at several courthouses (including the one I worked at - in the courtroom I clerked for) and he was horrible at it. Later on, he became my ex's family law attorney. He was no good at that either. So not only should he NOT do traffic, he should NOT do family law either. :p Pro Tems have to do a certain number of hours before they can apply for Commissioner of the courts. Generally they start in traffic to get their feet wet. A lot of them are new, but the better ones of the groups are all utilized by the larger courts because they can handle the volume.
Hahaha...

You said "he"; I was unfortunate to have had a "she" as a pro tem on my trial.

She tried to be stern but with that she also clearly sacrificed being impartial. I do equally appreciate her efforts as well as her inexperience; since without them, I wouldn't have a leg to stand on as far as an appeal goes.

We'll see how it goes...
 

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