Traffic School after Trail by Declaration

[Driver65]

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

Question for I_Got_Banned and other informed members. On my way back form Oregon in an area close to Redding, I got a speeding ticket for going 81 mph in a 65 mph (22349a). I was going about 75 mph. I live in Bay Area. I want to go with Trial by Declaration. Based on internet search, if I lose the Trial by Declaration, I can ask for a new trial and before the new trial starts I can ask for traffic school. However, If I lose Trial by Declaration, I do not want to drive 250 miles to Redding. Is there a way to go to traffic school if I lose Trial by Declaration without appearing in court?

In addition, I have been trying to talk to a clerk in Redding. However, the phone system tells me that no one is available and hangs up (no emails either). Can any one answer the following questions?

• After checking the Trial by Declaration on the Courtesy Notice and sending the money. Will the court send me the required forms for Trial by Declaration or I need to prepare a written request for the forms?
• After mailing the request for Trail by Declaration and sending the money (certified mail). How long should I wait for the court to mail me the required forms for Trail by Declaration?What is the name of your state (only U.S. law)?

 

[I_Got_Banned]

Based on internet search, if I lose the Trial by Declaration, I can ask for a new trial and before the new trial starts I can ask for traffic school. However, If I lose Trial by Declaration, I do not want to drive 250 miles to Redding. Is there a way to go to traffic school if I lose Trial by Declaration without appearing in court?

Theoretically, yes. You can ask for traffic school in your declaration (by adding in something to the effect of "If I am found guilty, I respectfully ask the court to allow me the traffic school option"... or something to that effect) or you can send a letter after you receive the decision (if you are found guilty) requesting traffic school.

With that being said, you should keep in mind that some judges do not allow traffic school after a trial (trial by declaration is in fact a trial). So you should weigh your options accordingly.

After checking the Trial by Declaration on the Courtesy Notice and sending the money. Will the court send me the required forms for Trial by Declaration or I need to prepare a written request for the forms?

I didn't know the courtesy notice has check boxes... If it does, yes, you can check the box on the notice and mail it in a timely manner (to be received by the court before the appearance date shown on the notice, (or any extended date)) along with the required bail amount (and most courts require that you post the correct bail amount at the time you request the TBD option, not when you file your declaration) the clerk will mail the required forms to you.

If the courtesy notice does not have check boxes you should just write a short request asking for that option.

You should be able to do the same thing either by phone (if you can get through) or online at the court's website.

After mailing the request for Trail by Declaration and sending the money (certified mail). How long should I wait for the court to mail me the required forms for Trail by Declaration?

Once your request is received by the clerk, they have 15 calendar days to mail you the forms back... So you should wait anywhere between 15 to 25 days... give or take a week or two...

 

[Jim_bo]

Theoretically, yes. You can ask for traffic school in your declaration (by adding in something to the effect of "If I am found guilty, I respectfully ask the court to allow me the traffic school option"... or something to that effect) or you can send a letter after you receive the decision (if you are found guilty) requesting traffic school.

That would be the equivilant of standing in a downtown Compton street at midnight waving a handful of hundred dollar bills and screaming, "I have money... please don't rob me!!"

If you want to ensure your traffic school, just ask for it now. The odds of you winning a TBWD are pretty small.

With that being said, you should keep in mind that some judges do not allow traffic school after a trial (trial by declaration is in fact a trial). So you should weigh your options accordingly.

So, are you suggesting that the system is corrupt and these judges ignore the law??? If so, I don't think I have a good argument to dispute your opinion.

 

[I_Got_Banned]

That would be the equivilant of standing in a downtown Compton street at midnight waving a handful of hundred dollar bills and screaming, "I have money... please don't rob me!!"

So how would you suggest that the OP should request traffic school assuming he loses his TBD?

The odds of you winning a TBWD are pretty small.

Are you suggesting that the OP shouldn't defend himself against the charge? What happened to the "presumption of innocence" song you're always playing on here? Or are you just feeling a bit more argumentative today!!!

So, are you suggesting that the system is corrupt and these judges ignore the law??? If so, I don't think I have a good argument to dispute your opinion.

That is the farthest thing from what I'm suggesting and you know that. Unlike you, I don't believe the system is corrupt, I don't think that all cops are idiots, I don't think that all judges are ignorant nor that they are in some sort of statewide conspiracy against the public.

 

[Zigner]

I am curious as to what the OP plans as his defense. I SERIOUSLY hope it's NOT "I was going about 75"

 

[Driver65]

I am curious as to what the OP plans as his defense. I SERIOUSLY hope it's NOT "I was going about 75"

Zinger,

Unfortunately, that is my only defense. I know it does not have much of the chance. At this stage, I am hoping for some dumb luck. Do you have some advice on how to present a better defense?

Thanks

 

[Driver65]

I_GOT_Banned and Zinger,

Thank you very much for your replies.