Second Chance Traffic School and Other Options
3-15-08
A driver not eligible for traffic school due to time limitations has several options.
Ask for a continuance. Local courts have their own rules and a court clerk can be contacted to see how many and how much time each continuance can be given .
Ask for Discovery. The defendant makes a written request for information the officer will use as evidence at his trial. He has a friend put a copy of the request in an envelope and mail a copy certified, return receipt.to the D.A. and to the police officer who cited him Information on how to file for Discovery can be found by typing in Discovery for Traffic Tickets in the Google Search Window or going to Help! I Got A Ticket!
Enter a Not Guilty plea which means he is asking the court to either prove the citation is valid or dismiss the charges.
Ask for a trial by Declaration.Forms and instructions can be obtained from a court clerk or from the internet by typing in Trial by Declaration in the Google Search Window.
If ruled against he can request a New Trial if done within 20 days.
He can appear in court and contest the charge.
If time limits are the only reason the driver isn't eligible for traffic school it is possible that enough time has passed that the driver will then be eligible.
He can request Second Chance Traffic School.
41501. The court may order a continuance of a proceeding against a
person, who receives a notice to appear in court for a violation of
any statute relating to the safe operation of a vehicle, in
consideration for attendance at a licensed school for traffic
violators, a licensed driving school, or any other court-approved
program of driving instruction, and, after that attendance, the court
may dismiss the complaint under the following conditions:
(a) If the offense is alleged to have been committed within 12
months of another offense that was dismissed under this section, the
court may order the continuance and, after the attendance, dismiss
the complaint. The court may order attendance at a licensed school
for traffic violators that offers a program of at least 12 hours of
instruction. (b) If the offense is not alleged to have occurred within 18months of another offense that was dismissed under this section, thecourt may order the continuance and, after the attendance, dismissthe complaint if the attendance is at any of the types of schools orprograms that the court directed pursuant to Section 42005 at the time of ordering the continuance.
And he can set up a one time for consultation with a lawyer,sometimes free, sometimes for a small fee ($50.00?)
to check on his options.
Best Regards,
Hey There
