A Peremptory Challenge submission question

[jinalbert]

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

Hi, I would appreciate if someone can answer this question.

Back in middle of the year, I was ticketed for a carpool lane violation by a CHP officer. I file the TBD, but is found guilty.

So, now, I am working on the Trail de novo. In addition, I want to file A Peremptory Challenge (CCPsection 170.6) to have a different judge.

My question is... do I send CPP170.6 form along with my Trial de novo form? Or do I have to submit CCP 170.6 in person? Or submit it to the judge right before the trial?

I asked the clerk, but she doesn't know about anything about CCP 170.6 form.

Thank you.What is the name of your state (only U.S. law)?

 

[I_Got_Banned]

Maybe there isn't a CCP170.6 form! (I can't find one).

If you read CCP 170.6(5), it does give you the format of how to write your motion. You should file it when you file for your Trial De Novo or seperately, but I wouldn't wait until the trial date. In fact, CCP 170.6(2) does state that the motion must be made, at least, 5 days before the date of the trial/hearing.

Also, do you seriously think that the judge is prejudiced against you simply because he/she found you guilty in your TBD? Or is there a possibility that the arguments that you presented in your defense, versus the statements made by the officer, had no effect on the degree of your guilt or innocence? This is, after, all a carpool lane violation... You either were in the carpool lane legally or you were there illegally. Not sure how much of a defense that could involve.

In fact, why don't you tell us what happened when you were cited, what your arguments were and maybe you'll get a few ideas as to how you should proceed.

 

[jinalbert]

Hi IGB. Thanks for looking into it. It seems I made a mistake about the form. There is no official 170.6 form. It is just a written statement template(?) like you said in 170.6(5).

Regarding the event, here is what happened. I was on a 134E freeway near 5 on a fast lane, and was driving a bit too close to the car in front in a medium traffic (around 40-45). I admit that my mind is not totally there after an hour in 20mph to this medium traffic. Anyways, when the van in front of me made a hard break, I braked hard, but panicked, so I cross into the carpool lane.

After few hundreds yards, I saw a cop on the curb next to the carpool lane. Stupidly, I exited over the double line hoping he would not see me. Just my luck, he saw me from rear view mirror, and got ticketed. I know there is not much of a defense for double lines crossing. In TBD, I wrote that I was trying to get out of the way.

When I was cited, the CHP officer did not really say much. For sure, he didn't say what I did wrong. He gave a ticket and pretty much moved on.

Got cited for using a carpool lane 21655.5(a) and crossing double lines 21655.8(b).

So, that is pretty much what happened. I don't mind doing a traffic school on the second violation, if I can fight the first violation. Because there are two violations at the same time, it is unclear how to admit guilt to one, and fight another.

 

[I_Got_Banned]

Got cited for using a carpool lane 21655.5(a) and crossing double lines 21655.8(b).

before we get into any of the other details, are you sure that those were the code sections you were cited for?

21655.5(a), and as far as I can understand it, is not a citeable offense.
21655.8(b) applies when an emergency vehicle is approaching you while you are in the HOV lanes... Again, does not fit the circumstances you described.

 

[jinalbert]

Sorry, I am really off today. I got the alphabet reverse.
The correct violations are 21655.5(b) and 21655.8(a)