What is the name of your state (only U.S. law)? CA
I was given a ticket for VC21950(a) Did not yield to pedestrians. I fought by trial de novo and was proclaimed guilty. I pleaded not guilty and asked for a court trial. I was given a court date for 17th feb. I was sure the office would show up(he was very diligent and prompt with all the communication) so I submitted a request for a hearing on 2nd Feb.
I said:
"As a result of the guilty conviction, I would like to request a hearing so that I may request traffic school and possibly a reduction in the fine". This was 2nd Feb.
Today on 6th Feb I get a copy of a request the officer sent to request on the 2nd feb(same day as my letter requesting for a hearing) asking for a continuance since he cannot make it on the 17th of Feb and he can make it after the 20th. The 45 day continuance period ends on 24th Feb. At this point his request would most likely be rejected as the court would not be able to schedule a hearing between 20th-24th Feb(too late).
The court says they interpreted my letter saying I'm pleading guilty and have granted me traffic school. They refuse to interpret my letter as a request for hearing and not as "pleading guilty".
I want to fight this interpretation and likely have the case dismissed. Do you think there is a chance here? How should I proceed?
Will really appreciate advice from this forum! Thank you!
I was given a ticket for VC21950(a) Did not yield to pedestrians. I fought by trial de novo and was proclaimed guilty. I pleaded not guilty and asked for a court trial. I was given a court date for 17th feb. I was sure the office would show up(he was very diligent and prompt with all the communication) so I submitted a request for a hearing on 2nd Feb.
I said:
"As a result of the guilty conviction, I would like to request a hearing so that I may request traffic school and possibly a reduction in the fine". This was 2nd Feb.
Today on 6th Feb I get a copy of a request the officer sent to request on the 2nd feb(same day as my letter requesting for a hearing) asking for a continuance since he cannot make it on the 17th of Feb and he can make it after the 20th. The 45 day continuance period ends on 24th Feb. At this point his request would most likely be rejected as the court would not be able to schedule a hearing between 20th-24th Feb(too late).
The court says they interpreted my letter saying I'm pleading guilty and have granted me traffic school. They refuse to interpret my letter as a request for hearing and not as "pleading guilty".
I want to fight this interpretation and likely have the case dismissed. Do you think there is a chance here? How should I proceed?
Will really appreciate advice from this forum! Thank you!