CA Stop sign ticket question...

[monkeyrulz]

What is the name of your state? CA

I received a stop sign ticket and the letter came home today stating my bail amount.

Is there a way to reduce this amount... Do I have to go to court on the date on my ticket and plead guilty and tell the clerk to reduce my amount? How does the reducing bail amount work?

Also, I heard that I can plead non guilty with a Written Declaration. If I win, then my case is dismissed, but if I lose the case, Do I have to pay my bail amount in full? Will I still be eligible to attend traffic school to clear my infarction point.

Thanks.

[seniorjudge]

Originally Posted by monkeyrulz

What is the name of your state? CA

I received a stop sign ticket and the letter came home today stating my bail amount.

Is there a way to reduce this amount... Do I have to go to court on the date on my ticket and plead guilty and tell the clerk to reduce my amount? How does the reducing bail amount work?

Also, I heard that I can plead non guilty with a Written Declaration. If I win, then my case is dismissed, but if I lose the case, Do I have to pay my bail amount in full? Will I still be eligible to attend traffic school to clear my infarction point.

Thanks.

Infarction?

This ticket caused tissue death?

[monkeyrulz]

No..lol.. But I will be happy if you can help me answer my question.

[seniorjudge]

You definitely need to go to court; don't try to do this via fax, e-mail, ESP, telephone, whatever.



Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts or caps.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


Here are seven stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

6. I was influenced by a bad crowd.

7. I/my kid/my whatever has surgery scheduled.


[url]http://forum.freeadvice.com/showthread.php?p=854687#post854687[/url]

Public defender’s advice

[url]http://newyork.craigslist.org/about/best/sfo/70300494.html[/url]


Other people may give you other advice; stand by.

[Hey There]

11-12-07

Discovery is yours for the asking.
monkeyrulz
In Ca. you are entitled to Discovery This means before you go to trial or even enter a plea, you can request a copy of the officer's notes, the front and back of your traffic ticket , a video (if used) and all other information the officer who cited you will use in court. You make the request yourself, but MUST have a friend hand deliver a copy to the police dept. where the officer is employed and to the D.A. OR have the friend mail a copy with proof of mailing to the officer and the D.A.

If you click on Help! I Got A Ticket! you will be given instructions on how to file for Discovery as well as a form that you can download.
This website also provides information on how to contest your traffic infraction. If you want information specific to your traffic ticket your question can be submitted to the E:mail address on that website.I've used this website to ask questions and answers have been received within a day or two.
Further information on how to file for Discovery and how to obtain a court hearing if Discovery isn't provided can be obtained by going to Google and typing in Discovery for Traffic Tickets.
A librarian should be able to direct you to a book on fighting traffic tickets in Ca. published by NOLO which has a form for discovery and instructions.

Arraignment
According to info obtained from the above book IF you go to arraignment and enter your plea, you are NOT required to post bail at that time.

Trial by Declaration
IF you file a Trial by Declaration, then bail must be posted.The book and Help! I Got A Ticket! explain how to do this.
If the judge rules against you, then you can request a New Trial.

Traffic School
If you look at your letter (Courtesy Notice?) some indication of whether or not traffic school is available should be there+ sign perhaps?)
But this is getting ahead of what to do first as advised by the book for fighting tickets in CA. and other websites which is to obtain Discovery.

Best Regards,
Hey There

[monkeyrulz]

Thank you both of you for the detailed answer.

So basically... I read through some information and links both of you posted

So that means that if I choose to go to traffic school...that means... I have to pay...

* the full cost of the fine
* a court fee (approximately $25) ($30 dollars for
* the traffic school tuition of $25 to $50 (or maybe more)

Which also means that there will NOT be a mark on my record. So I am good to go. So on the date stated on my ticket, I go to the court and tell the clerk that I want to attend traffic school and pay the fine.... ? Is that how it works?

OR

Okay, so if I choose to fight via Written Declaration, I still need to go to court on the date on my ticket (Can I go anytime earlier guys?)

At THE ARRAIGNMENT, I tell the clerk (or do I have to tell the judge?) that I wish to plea not guilty and wish for a Trial By Declaration. The (immediately) after, I tell the judge that I would like a trial by declaration.

So here is the question, is the judge/court going to give me forms that I need to fill out? Do I mail in this form, or do I have to go back to court to submit the forms? (On the HELP I GOT A TICKET site, they said that it’s better for me to request my declaration in court so that I don’t waive my fair and speedy trial) So that means that I have to go to court the second time to submit the form right?

So lets say the court gives me some paper and the declaration form. TR-205, do I send in, with the letter of declaration, a typed letter of explanation of my case with photographs... etc...Or do I have to explain my case else on a specific form? (Read below)

I read on HELP I GOT A TICKET, and they said that “You do not need to say anything under "STATEMENT OF FACTS" other than, "I stand by my plea of not guilty.”

So back to the statement above… how am I supposed to explain? Do I state, “I stand my plea of not guilty” and then the next line I explain my case?

So yeah, I hope you guys can help me. This is my very first ticket and I'm feeling all weird inside...

Tell me if I am missing steps…or doing something redundant… I look forward to all of your replies.

[CdwJava]

What that essentially means is that you are making no statement in your defense. Since this often amounts to an admission of guilty, but with an explanation, you don't have to say anything. It is up to the state to show guilt, not up to you to show innocence. However, when the officer responds with his explanation and you had nothing to say, you WILL be found guilty. THEN you will have the option of a trial de novo - a new trial - where you CAN go to court.

However! Consider that in most CA traffic courts, once you take the stand at trial, the judge often removes the traffic school option from the table. So, if found guilty after trial, the judge may not allow you traffic school.

- Carl

[monkeyrulz]

Originally Posted by CdwJava

What that essentially means is that you are making no statement in your defense. Since this often amounts to an admission of guilty, but with an explanation, you don't have to say anything. It is up to the state to show guilt, not up to you to show innocence. However, when the officer responds with his explanation and you had nothing to say, you WILL be found guilty. THEN you will have the option of a trial de novo - a new trial - where you CAN go to court.

However! Consider that in most CA traffic courts, once you take the stand at trial, the judge often removes the traffic school option from the table. So, if found guilty after trial, the judge may not allow you traffic school.

- Carl

So all in all, if I lose then traffic school is no longer an option.

For this part of your reply

What that essentially means is that you are making no statement in your defense. Since this often amounts to an admission of guilty, but with an explanation, you don't have to say anything. It is up to the state to show guilt, not up to you to show innocence. However, when the officer responds with his explanation and you had nothing to say, you WILL be found guilty. THEN you will have the option of a trial de novo - a new trial - where you CAN go to court.

Are you referring to the Statement of Facts? So If I follow the advice from HELP I GOT A TICKET, of just putting in the Statement of Facts section: I stand by my plea of not guilty, that means that I will lose for sure right?

So I should write in my explanation in the Statement of Facts box, or should I attached a separate sheet of paper?

[CdwJava]

Originally Posted by monkeyrulz

So all in all, if I lose then traffic school is no longer an option.

Quite possibly, yes. Since traffic court judges are judges pro tem (attorneys or retired judges appointed to the bench for traffic matters) they can be unpredictable. In every county I am acquainted with, the unofficial policy is to deny traffic school if you take the stand.

Are you referring to the Statement of Facts? So If I follow the advice from HELP I GOT A TICKET, of just putting in the Statement of Facts section: I stand by my plea of not guilty, that means that I will lose for sure right?

Assuming that the "statement of facts" is part of the TBD document, then, yes, that is possible. If the officer writes that he saw you make the violation, then the judge will have nothing to counter his observation and you will almost certainly be found guilty.

The bottom line is that the state has to prove the allegation. If you write nothing in your own defense, then you are essentially gambling that the officer either does not return HIS document, or, that the officer articulates the circumstances very, very poorly.

So I should write in my explanation in the Statement of Facts box, or should I attached a separate sheet of paper?

Entirely up to you. Do the instructions permit the attachment of another sheet?


- Carl

[monkeyrulz]

The instructions does not say to attached another sheet... So I guess I'll write it in the Statement of Facts box.

So basically, if I lose the Written Declaration, then I have a chance to do a trial de novo.

So is traffic school option on or off the table if I decided not to go further with the new trial?

Can I just go on my Arraignment day and ask tell the judge/clerk that I want to reduce my bail fees and to request traffic school? Is that combination possible?

thanks Carl

[CdwJava]

Originally Posted by monkeyrulz

So basically, if I lose the Written Declaration, then I have a chance to do a trial de novo.

Correct. But, there is a short time limit after the decision as to when you may apply for a new trial (I don't have that info at the tip of my fingers, sorry ... I think it's 10 days, but I may be wrong).

So is traffic school option on or off the table if I decided not to go further with the new trial?

I have heard mixed opinions on this. Since it is a rare thing (a TBD) I just don't know. I have heard of courts going both ways.

Can I just go on my Arraignment day and ask tell the judge/clerk that I want to reduce my bail fees and to request traffic school? Is that combination possible?

You can ASK anything, but in my experience the bail and fees are set and not negotiable. And the clerk cannot waive the bail or fee schedule at all, so they will only offer you the standard. If there IS any wiggle room, generally it will only be the judge that can do it.

- Carl

[JIMinCA]

OK... here is the scoop....

1. Request discovery. If the DA fails to provide it, you can ask for a dismissal. I have seen it work 4 times (twice with me) and I have not seen it fail.

If the DA provides the discovery, then...

2. Do the TBWD. If the cop doesn't submit a statement, you win. If you loose, do a new trial. If the cop doesn't show, you win.

Basically there is no practical way to beat a stop sign ticket other than these two ways because it is the cops word against yours.. and you will loose.

Oh... btw... If you get a Judge Pro Tem, you can refuse to let him hear your case. You can demand a real judge hear your case. I have seen some of the stupidest rulings ever come from a judge pro tem.

Jim