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Plead not guilty or no contest?

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Allen1

Junior Member
What is the name of your state (only U.S. law)? California

Hello,

I'm heading to a "pre-trial" hearing for an auto accident.
Quick recap: I got rear-ended on the highway. Driving company car and had enough damage where I had to file a police report. Cop saw that I had an out of state liscence (just moved to CA 20 days prior) and told me I only had 10 days to apply for a liscence from my official move date. Gave me a ticket (misdemeanor/$800) and I appeared in court with 75 others to contest it. The judge said he could not handle this case at that time and I was scheduled for a hearing with just him and the DA which occurs tomorrow. He said that I basically show my current CA drivers liscence and it will "most likely" be reduced to an infraction. I got my CA liscence the day after the accident which was about 4 months ago. So, in my trial/hearing tomorrow will he ask me "how do you plead?" Do I plead not guilty or no contest or guilty? I understand I'm guilty....but how do I plead? Answers asap would be helpful...thanks!
 


I_Got_Banned

Senior Member
What is the name of your state (only U.S. law)? California

Hello,

I'm heading to a "pre-trial" hearing for an auto accident.
Quick recap: I got rear-ended on the highway. Driving company car and had enough damage where I had to file a police report. Cop saw that I had an out of state liscence (just moved to CA 20 days prior) and told me I only had 10 days to apply for a liscence from my official move date. Gave me a ticket (misdemeanor/$800) and I appeared in court with 75 others to contest it. The judge said he could not handle this case at that time and I was scheduled for a hearing with just him and the DA which occurs tomorrow. He said that I basically show my current CA drivers liscence and it will "most likely" be reduced to an infraction. I got my CA liscence the day after the accident which was about 4 months ago. So, in my trial/hearing tomorrow will he ask me "how do you plead?" Do I plead not guilty or no contest or guilty? I understand I'm guilty....but how do I plead? Answers asap would be helpful...thanks!
If a DA is present in the courtroom, you should try and approach him/her before the beginning of the hearing (you might want to ask the bailiff first before you barge in to talk to the DA), discuss the matter with the DA, tell him her that you have obtained your CA license, see if he/she would be willing to amend the citation from a misdemeanor to an infraction. If he/she does agree, then when your case is called, you would simply have to show your driver's license to the judge, at which point in time the citation will be dismissed upon payment of a $25 administrative fee.

If the DA will not budge, then speak to the judge when your case is called, inform him that you have obtained your license (before you enter a plea) and take it from there.

If they won't budge, and decide to keep it as a misdemeanor, then you should probably request a continuance so that you can discuss the matter with an attorney. if you cannot afford one, you could ask the court for a Public Defender.

Good luck!
 

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