What is the name of your state (only U.S. law)?
CA
I had submitted Trial by written declaration for VC 22107.
I was found guilty and I obtained copy of cop's declaration.
His statement conflicted with what actually happened, but part of it was my word against his.
I requested for trial de novo.
When i was there, i was asked if i wanted traffic school and i said yes but then didn't realize she was asking if i wanted traffic school instead of presenting my case. I said sorry, i would like to present my case then.
I thought there were some discrepancies that I thought I could make now knowing what the cop would say and based on what's written on the summons.
Unfortunately when I was trying to cross examine, the judge interrupted me and asked what point i was making and after that I sort of lost focus and didn't get my point across and just ended up presenting my case and was nervous doing so.
After that the judge found me guilty as I was not surprised and I had asked for leniency and then also asked again about traffic school. Judge allowed reduction in fine but denied traffic school and the judge stated that I had already submitted a TBWD and also was already given opportunity to do so as a diversion to trial and that it was not offered after I was found guilty again.
Is there justification to still file notice of appeal to request traffic school based on case People vs. Wozniak? Is that enough? This is my first ticket ever after an almost 20 year free driving record and I fought on principle although I knew that requesting traffic school after losing TBWD would be the cheapest and easy way out but I felt it was wrong to allow this cop to lie about what happened and get away with such. Unfortunately I get nervous standing up and talking and it didn't help the judge was not friendly. I really lost faith in this judicial system after this and it is just so sad how much i've read in articles what happen to other people in traffic court and how there's no democracy. it's like we're found guilty and have to be proven innocent. Although my premiums may not go up, I will lose my good driver's discount which is a substantial $200 per year for 6 years that I'm told if I get this moving violation point on my DMV.
Any thoughts/ help?
CA
I had submitted Trial by written declaration for VC 22107.
I was found guilty and I obtained copy of cop's declaration.
His statement conflicted with what actually happened, but part of it was my word against his.
I requested for trial de novo.
When i was there, i was asked if i wanted traffic school and i said yes but then didn't realize she was asking if i wanted traffic school instead of presenting my case. I said sorry, i would like to present my case then.
I thought there were some discrepancies that I thought I could make now knowing what the cop would say and based on what's written on the summons.
Unfortunately when I was trying to cross examine, the judge interrupted me and asked what point i was making and after that I sort of lost focus and didn't get my point across and just ended up presenting my case and was nervous doing so.
After that the judge found me guilty as I was not surprised and I had asked for leniency and then also asked again about traffic school. Judge allowed reduction in fine but denied traffic school and the judge stated that I had already submitted a TBWD and also was already given opportunity to do so as a diversion to trial and that it was not offered after I was found guilty again.
Is there justification to still file notice of appeal to request traffic school based on case People vs. Wozniak? Is that enough? This is my first ticket ever after an almost 20 year free driving record and I fought on principle although I knew that requesting traffic school after losing TBWD would be the cheapest and easy way out but I felt it was wrong to allow this cop to lie about what happened and get away with such. Unfortunately I get nervous standing up and talking and it didn't help the judge was not friendly. I really lost faith in this judicial system after this and it is just so sad how much i've read in articles what happen to other people in traffic court and how there's no democracy. it's like we're found guilty and have to be proven innocent. Although my premiums may not go up, I will lose my good driver's discount which is a substantial $200 per year for 6 years that I'm told if I get this moving violation point on my DMV.
Any thoughts/ help?
