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Traffic school denied?! 10 over speed?

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trevorgonska

Junior Member
What is the name of your state? CA

I received a traffic ticket for 10 over the limit, paid my ticket and also traffic school request fee, also submited a trial by written declaration. I finished my traffic school and just yesterday they sent me a letter saying i was guilty from the trial by declaration, and also that my traffic school was denied??!!

How can this be? WTF happened.
 


HomeGuru

Senior Member
trevorgonska said:
What is the name of your state? CA

I received a traffic ticket for 10 over the limit, paid my ticket and also traffic school request fee, also submited a trial by written declaration. I finished my traffic school and just yesterday they sent me a letter saying i was guilty from the trial by declaration, and also that my traffic school was denied??!!

How can this be? WTF happened.

**A: we don't know, you were there in declaration, we were not.
Listen, it was in your declaration.
 

trevorgonska

Junior Member
Home Guru said:
**A: we don't know, you were there in declaration, we were not.
Listen, it was in your declaration.
Wow a little research and I can tell one thing is for sure, you are no good for advice, trial by written declaration is a trial absentee. Your response made no sense what so ever.

Anyways rules of "court 851" state they can’t deny traffic school. So I have answered my own question.

They did not send a declaration to me, just that I was found guilty and traffic school is denied.
 

Pugilist

Member
A judge certainly can deny traffic school to you. (Re-read 851, if necessary.) Your best bet is to ask for the Trial de Novo that you are entitled to (after a Trial by Declaration), and ask the judge at the new trial to give you the school. If you ask right at the beginning of the trial session, nearly every judge will give it to you. If you wait until you've argued your case and lost, many judges will not give it.

You have a good chance of winning the new trial. First, if the officer doesn't show up in person, you win. Second, if he used radar on anything other than a "local" street, you can fight the ticket using the "speed trap law." To find out about that law, go to the library, see the librarian and ask for books on how to fight your ticket. Then look in index of the book, under "speed trap."

Pug
 

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