Need Some Help Finding Traffic Ticket Documents, ie Change of Venue

[vc4re]

What is the name of your state? California

About a two weeks ago, I got a ticket as I was turning right into my school for failing to yield to ped. in crosswalk even when he was was all the way on the other side, one of those "bum tickets". Anyway, the court that I have to appear at is in Palo Alto (where all the deputy sherriffs"hang out") and I live and work in South San Jose, all in the same county. I want to get the court down to a closer county seat, downtown San Jose (out of the officer's jurisdiction) since it is MUCH closer to where I live and would decrease the officer's probability of showing up. Where can I get something to mail to the court so that I could let them know of my request. I hear that if it is timely, my request may be granted. Any help would be appreciated. Thanks.
Also, since I have nothing to lose with a trial by written declaration where can I get the forms for that as well and how to plead not guilty and request for one?

 

[seniorjudge]

I want to get the court down to a closer county seat

Won't happen.

That has been asked several thousands of times on this forum.

 

[CdwJava]

Anyway, the court that I have to appear at is in Palo Alto (where all the deputy sherriffs"hang out")

I know a LOT of deputies there, and Palo Alto is not where they "hang out" ... many are concentrated towards the south end of the county. Many are assigned to patrol in the area because of Saratoga and Cupertino, and because of a contract with Stanford University in Palo Alto, but they don't just "hang out" there.

and I live and work in South San Jose, all in the same county. I want to get the court down to a closer county seat, downtown San Jose (out of the officer's jurisdiction) since it is MUCH closer to where I live and would decrease the officer's probability of showing up.

I don't know why you think the officer might be less likely to show up in downtown San Jose. It's a freeway ride from Palo Alto, and if on duty, the deputy gets to spend time away from calls for service and reports for a couple hours or more. If off duty, chances are he is coming up from the south and does not live near Palo Alto - certainly not on a deputy's salary!

Where can I get something to mail to the court so that I could let them know of my request.

Contact the court and ask how you may request a change in the hearing location. The worst they can say is, "No" ... and they frequently do.

Also, since I have nothing to lose with a trial by written declaration where can I get the forms for that as well and how to plead not guilty and request for one?

Also contact the court.

http://www.sccsuperiorcourt.org/traffic/default.htm

- Carl

 

[vc4re]

Oh I didn't realize that! Since I was stopped turning into De Anza College in Cupertino (as he probably patrols in this area), maybe a change of venue from the Palo Alto Courthouse won't matter anyway since he probably lives near San Jose. Thanks! Well then, now my next question is should I mail in my not guilty plea and request a TBWD as soon as possible to give him less time of filing a response or is it better to mail in my plea postmarked 5 days before my date to appear and try to request extensions as much as possible?

 

[CdwJava]

I don't know that a few days will make much difference in the officer's response. I have found that we (the officers) usually have several days to complete and return the TBWD document so I doubt it will make a difference unless you time it for right when he takes a three week vacation!

My experience is that the officer is more likely to write a response than show up in court on a day off ... but, that's just based on my experience - but not in Santa Clara County as I have not been directly affiliated (employed) with law enforcement there since the late 1980s.

- Carl

 

[JIMinCA]

If you wanted to have your venue changed to the county seat, you had to make the demand at the time of arrest.

I don't think it matters when you file your TBWD as the officer will have the same amount of time to respond.

I do think that if you are basing your defense on "how can I prevent the officer from testifying", then you have a pretty weak defense.

 

[vc4re]

Well the only reason I am gonna do the TBWD is because theres really nothing to lose. I think I will just hope that his notes were sparse and that increased time will help me in that he may forgot some details as I'm probably one of many violations.

"I do think that if you are basing your defense on "how can I prevent the officer from testifying", then you have a pretty weak defense."
As for my defense, while I am trying to try to do any action that would make it harder for the officer from showing up, of course this won't be my only argument. I'm just going to tell the truth, be honest, and hope the judge sees my evidence as stronger in my TBWD.

"unless you time it for right when he takes a three week vacation!"
I don't think theres any way for me to know when his vacation is unless there is a way i dont know or you might know the particular deputy which is improbable. Some of the sargeants of the sherriffs are regulars at my work (and know the owner well) but I doubt they could give me any of that information. My question then regarding whether an officer is on or off-duty is do they go to traffic court while their on duty or when they finish their shift?

As frustrating as it is especially with few people really understands the crosswalk law, I am increasingly thinking to just pay the ticket, do the school, and get on with my life but we'll see. Thanks everyone for your help.

 

[CdwJava]

I don't think theres any way for me to know when his vacation is unless there is a way i dont know or you might know the particular deputy which is improbable.

They are not likely to give you that info, no.

My question then regarding whether an officer is on or off-duty is do they go to traffic court while their on duty or when they finish their shift?

If court is scheduled during their shift, then they are on straight time. If scheduled off duty then they get time and a half for the attendance. If they live nearby, then they likely get a minimum of 3 hours O.T. for what ends up being an hour or two of their time on overtime!

How seriously the agency takes it when an officer fails to show, i can't say. Most agencies have been cracking down on this and I know where I worked in San Diego, one judge went so far as to start issuing orders for the errant officer to appear before him and explain his or her FTA. This embarrassment compelled a number of local agencies to act harshly against officers who dismissed their court dates.


- Carl

 

[vc4re]

I see...so I basically have to get lucky and hope, if guilty on TBWD, that the trial is on his vacation. So if the date to submit my TBWD is sooner or later it doesnt really matter? As for a court date if found guilty maybe hope for a date on a friday afternoon =)?

 

[CdwJava]

I see...so I basically have to get lucky and hope, if guilty on TBWD, that the trial is on his vacation. So if the date to submit my TBWD is sooner or later it doesnt really matter? As for a court date if found guilty maybe hope for a date on a friday afternoon =)?

I don't know any traffic courts that operate in Fridays, but I suppose anything is possible. And most officers work weekends, so assuming he has the weekend off is a real long shot.

I did not have full weekends off until I was assigned as a school resource officer in the 7th year of my career. And even that would have been temporary had I not moved to a new agency ... where I proceeded to work weekends again for 6 more years.

- Carl

 

[JIMinCA]

So.... what section of the vehicle code were you charged with???

 

[vc4re]

it was 21950a even though he was way on the other side, never interrupted or made him forfeit his right of way...funny how i talked to like 3 police officers who are regulars at my work who said that my arresting deputy was strict and that they would have not cited me for this at all unless he was past the midpoint of the crosswalk...i guess thats life...im curious why he didnt cite me for improper right turn on red but who knows....

 

[JIMinCA]

You mean he was on the left side of the road while you turned right?

This is what you were charged with:

21950. (a) The driver of a vehicle shall yield the right-of-way to
a pedestrian crossing the roadway within any marked crosswalk or
within any unmarked crosswalk at an intersection, except as otherwise
provided in this chapter.

There is nothing here that says that you cannot be in the crosswalk while a pedestrian is in it... it only says you shall yeild the right-of-way.

 

[vc4re]

ya he was to the left of me once I made my turn right in my intended direction of travel into the school...before i made the turn he was walking toward me on the adjacent crosswalk on the right...I agree completely that nothing in the law says you cant make a turn or pass a crosswalk if someones in it...I never interrupted his right of way to begin with since he was so far! I did slow down and stop to make sure it was safe and it was since my car had none chance of hitting him, plus I was only going a safe 10mph on the turn according to the deputy so i dont know why he couldnt just warn me since the law is controversial and confusing as it is....first tickets are supposed to be for speeding or not stopping at a stop sign, not this!

 

[JIMinCA]

You are simply a cog in a money making machine for the state.

Here is the process you will need to commit yourself to following.

1. TBWD. The judge (if it actually gets to a judge and not simply stamped at the clerk's desk) will likely ignore the law and find you guilty.

2. Trial De Novo. Once again, you may be face to face with a judge who is either ignorant or has a bias against defendants and finds you guilty.

3. Appeal. This is where you are likely to get a judicial officer who will actually give your argument consideration.

The judicial system in CA as I have seen it applied to traffic cases is absolutely ridiculous. In many cases it is nothing more than legalized extortion or ego trips run amok. I hope you do well.