can i appeal

[richardxylus]

What is the name of your state? california

i got a ticket and requested a trial by written declaration. i originally thought i was pulled over for speeding so when the officer asked if i knew what i was pulled over for i said yes. turns out the ticket was for failure to obey traffic sign so i thought it was for not stopping completely at the stop sign because he pulled me over as i came through this intersection. so i wrote my declaration and was found guilty so i requested a trial de novo. i go there and when the cop gives his testimony turns out i was charged because i turned into a street that said no turn during certain hours. so im totally clueless about this charge and have no idea what to say so i just say that i thought i was being charged for a stop sign violation and shrugged my shoulders. the judge pro temp says im guilty. i asked for traffic school and he said no. i had no clue you couldnt take traffic school if you contest the ticket. afterall why would you have to go to traffic school if you are not even guilty of the charge yet?

my first question is at the begining of the court a lady said that since the judge is a temp we have the right to have a continuance to see a real commissioner. can i get a new trial because of this?

also can i appeal because i had no clue what i was beng charged with and thus couldnt defend myself?

or cani hire a lawyer and see if they can get me traffic school? all i want is to be able to take traffic school. i had no prior tickets.

[CdwJava]

Originally Posted by richardxylus

i had no clue you couldnt take traffic school if you contest the ticket. afterall why would you have to go to traffic school if you are not even guilty of the charge yet?

In most courts in CA they tell you at the outset that if you go forward with the trial that traffic school may not be an option.

my first question is at the begining of the court a lady said that since the judge is a temp we have the right to have a continuance to see a real commissioner. can i get a new trial because of this?

No. You signed a waiver saying that you would accept the decision of the judge pro tem. No grounds for appeal there.

also can i appeal because i had no clue what i was beng charged with and thus couldnt defend myself?

The section you were cited for should have been on the citation, would have been on the paperwork you received before and after the first trial, and would have been on the paperwork the second time around. If you didn't look up the section then that's your bad for not doing your homework.

Sorry, but I don't see any grounds for an appeal here. You can hire an attorney, but I doubt it'll do any good. However, it never hurts to consult with an attorney ... though it's a little late now.

- Carl

[lwpat]

If you didn't look up the section then that's your bad for not doing your homework.

You could have obtained the officer's statement from the Trial by Declaration. You also could have come here or actually paid an attorney for some adivce. You also could have checked the ticket and looked up the statute number. Don't come here and whine about your failure to pay attention.

Carl, there is a question for you on the MSN forum.