Can I appeal camera ticket?

[JIMinCA]

OP's gonna lose this appeal



1) The judge found beyond a reasonable doubt that she was, in fact, driving.
2) The OP didn't bring any EVIDENCE (ie: Time records, etc) that she was at work. Rather, she brought a witness that the judge (obviously) did not find credible.
3) The Judge IS allowed to ask questions such as were asked.
4) The Judge used his discretion in denying traffic school


OP - post back with the results

(Oh, and Jim - have at it...I won't even respond to your forthcoming inane responses...it's all yours big guy! )

Good... you are an idiot. I'm glad you won't be responding.

 

[JIMinCA]

And, it *obviously* did not. You weren't there, and neither was I. The JUDGE was in the room and got to make the decision as to the credibility of the witness. Had the judge found ANY credibility, he would not have ruled the way he did.

That is the stupidest load of bunk I have ever read. All you have to do is go to traffic court one time to come to the conclusion that the law is only a suggestion in there. Traffic courts are notorious for ignoring the law and being blatantly biased towards the prosecution. To suggest that the judge's perspective is beyond reproach and the witness who testified under oath had no credibility is stupidity in its highest degree.

Now... feel free NOT to respond.

 

[I_Got_Banned]

And, it *obviously* did not. You weren't there, and neither was I. The JUDGE was in the room and got to make the decision as to the credibility of the witness. Had the judge found ANY credibility, he would not have ruled the way he did.

*RULED* the *FIRST* *SECOND* or *THIRD* time?

Consistent, I give him that much... Although last I checked, his job is to be *fair*, *just* & *impartial*; the heck with consistent!

 

[claytons]

All you have to do is go to traffic court one time to come to the conclusion that the law is only a suggestion in there. Traffic courts are notorious for ignoring the law and being blatantly biased towards the prosecution.

I've got the same experience.

 

[Amyca]

Hi folks. Thanks for all the reply and suggestion. I know I have a lot of work ahead of me, can someone please give me some help?

1. Do I need to put those ground in specific legal term, if yes, please help.
2. I am only 95% sure of what the tape said, there are some words here and there I am not 100% sure on the tape. Do I have to be 100% accurate?
3. When I fill out the form TR-160, under statement of evidence, if I check box 2, do I need to send in my transcript along with this form? Will they accept it since it is not done professionally?
4. The proof of service by mail form, what is the different between 3a (depositing) or 3b (placing the envelope)?

I know I make a lot of mistake during my trial. Since this is my 2nd trial in my life, I was quite nervous. I was worry that I might say something wrong and I certainly don't want to testify so that I won't turn my sister in. As for the evident, I was on a salary base and don't need to card in. However, if I would know that I need more proof than the witness, I would have brought more; either 5 more witness since I am at a breakfast meeting or the log on sheet to my computer station.

Thanks for the help in advance.

 

[JIMinCA]

Don't get too wrapped up in legal technicality. You are not a lawyer... don't try to act like one. Everything should be written in your own words.

Keep in mind that your "transcript" is not a transcript. You are NOT required to have a transcript. The purpose of the Proposed Statement is that this is your version of what actually happened in trial. You could even cut out a lot of the unnecesary stuff (i.e. swearing in, etc.) You don't even have to use TR160. I suggest going here: The Appeal This site has templates for the necessary forms and discusses the process.

I believe you have 30 to file your notice of appeal and then 15 days after that to file your proposed statement. I suggest writing the proposed statement and filing them both on the same day. If you like, you can post your proposed statement here for comment.

 

[I_Got_Banned]

1. Do I need to put those ground in specific legal term, if yes, please help.

Not necessarily. However, you should be as brief as you can... You will get to expand on that later on when you file your brief. Be as concise as you can as to what errors you think the trial court committed by finding you guilty.
Refer to the Nolo book... It does show a few examples...
And here are a few more: (keep in mind that these are examples. This is YOUR appeal; and you will have to expand further of these statements later on when you file your brief. So only use what you believe you are capable of working with later on....
1. Defendant is appealing the "guilty" verdict in this case on the grounds that the Judge failed to consider the evidence presented by the defendant.
2. Defendant is appealing the "guilty" verdict in this case on the grounds that the Judge failed to consider the testimony given by defendant's witness.
3. The defendant is appealing the court's ruling denying her the chance to attend Traffic School on the grounds that the Judge made his decision because defendant opted to exercise her right to trial.

2. I am only 95% sure of what the tape said, there are some words here and there I am not 100% sure on the tape. Do I have to be 100% accurate?

95% is good enough. You should be OK...

3. When I fill out the form TR-160, under statement of evidence, if I check box 2,. . .

Don't check #2; check #3 instead.

do I need to send in my transcript along with this form?

Jim thinks you don't need to. I disagree. I think the exact dialog that transpired, and what was said by the Judge is the basis for your appeal.
But, it is YOUR appeal so its up to you to decide.
So if you ask me, Yes, you do include the transcript under your "Statement of Evidence".

Will they accept it since it is not done professionally?

yes they will accept it even if its not done professionally.
Under "Statement Of Evidence", in that small space under 3.a. You would type in the first 2 or 3 lines of your "Statement of Evidence" and print out the rest on a blank sheet that you will include as an attachment. (Refer to the Nolo book for clarification on how to do that. You should also follow the example in that book by including an "Allegations" section. In it, you would include a brief description of you receiving the citation in the mail; about how the picture is not of you as well as the fact that on the date & time in question, you were not driving your car; instead you were at such and such place doing whatever you were doing.
Then, under the "Arraignment" section, you describe what happened at your arraignment; state that you pled not guilty and that the judge scheduled your case for trial.
Lastly, under the "Trial" section, you would state that you appeared at your trial, accompanied by your witness... etc... And then you would type in the part you transcribed.)

4. The proof of service by mail form, what is the different between 3a (depositing) or 3b (placing the envelope)?.

First, keep in mind that the proof of service cannot be done by you. Get a friend to do either of the following:
* State his/her residence or work address under #2.
* Check "3.a." Indicating that he/she will mail the form by taking it to the post office OR check "3.b." Indicating that he/she will mail it with the outgoing mail from his/her work. (3.b. is usually used in an attorney's office).
* Complete the rest of the form (#4.a., b, c & d)... Date the form, type in his/her name and sign the form.

I know I make a lot of mistake during my trial. Since this is my 2nd trial in my life, I was quite nervous. I was worry that I might say something wrong and I certainly don't want to testify so that I won't turn my sister in.

Like Jim said in his reply: you are not a lawyer, no one expects you to act like one. It is unfortunate that at times we are forced to having to go to court to defend ourselves. What's even worse, is that the Judges who are supposed to Judge fairly and impartially fail to do that at times...
Also, and for future reference (hopefully you won't ever need to use this knowledge again) but you are not required to disclose who was driving. You only have to prove that it wasn't you at which time the citation would be dismissed. In this case, and since you and your sister look alike, it made it a bit more difficult of a task.

As for the evident, I was on a salary base and don't need to card in. However, if I would know that I need more proof than the witness, I would have brought more; either 5 more witness since I am at a breakfast meeting or the log on sheet to my computer station.

Too late for that but you never know how the appeals court will rule. Do the best you can and hope for the best...
Good luck!

 

[Amyca]

Thanks for all the help and suggestion. I finally put together the proposed statement. I follow I_Got_Banned advice and come up with the following:

Grounds For Appeal:

a. Defendant is appealing the "guilty" verdict in this case on the grounds that the Judge failed to consider the evidence presented by the defendant.
b. Defendant is appealing the "guilty" verdict in this case on the grounds that the Judge failed to consider the testimony given by defendant's witness.
c. Defendant is appealing the “guilty” verdict in this case on the grounds that the officer did not testify the defendant was the one driving the vehicle.
d. The defendant is appealing the court's ruling denying her the chance to attend Traffic School on the grounds that the Judge made his decision because defendant opted to exercise her right to trial.

Under Statement of Evidence:

ALLEGATIONS
Defendant received a Notice of Traffic Violation in the mail on June 25, 2008. Defendant notice the driver in citation’s photo is not of the defendant. As the matter of fact, defendant is not driving that vehicle in the citation’s photo on June 8, 2008 at 9:33 a.m. Defendant was at work in San Francisco during that time. Defendant was attending a breakfast meeting and at least 5 co-workers can vouch for the defendant whereabouts during the citation’s time.

ARRAIGNMENT

Arraignment of defendant in this action commenced in the Superior Court of California – County of , Branch on July 21, 2008 at 1:30 p.m., in Department B, the Hon. James, Commissioner, presiding. Defendant entered a plea of not guilty – identity to the charge of violating Vehicle Code § 21453A, an infraction. The Commissioner set the defendant’s case to trial and the trial date and location will be notified in the mail by the Superior Court of California – County of, branch.

TRIAL

Trial of this action commenced on August 17, 2008 at 1:30 p.m., in Department 11 of the within-entitled court before the Hon. David, without a jury. No counsel was present on plaintiff’s behalf, defendant was present in propria persona, and neither party made an opening statement. Defendant has brought a witness and photo evident to the trial. The following is a transcript of what happen during the trial.

I will put the Allegations under 3a and put "continued on Attachement 3a" at the bottom of the page. Before I mail it out, there are still some area I am not clear:

1. Is there anything else I need to put in? Anything need to be change for the grounds for appeal?
2. Do I need to fill in 3 b (Defendant testified ...)? Do I just leave it blank?
3. Also 3 c (Witness), since I have a witness, do I also leave it blank or do I need to put in what she said?

I have only 4 days before the deadline to file this statement, any help is appreciated. Thanks in advance.

 

[>Charlotte<]

a. ...Judge failed to consider the evidence presented by the defendant.
b. ...Judge failed to consider the testimony given by defendant's witness.

The thing about (a) and (b), however, is that the judge did consider the evidence and he did consider the testimony of your witness. He just didn't find it sufficient. Can an appeal be based on a difference of opinion as to whether certain evidence constitutes reasonable doubt? Is that "legal error"?

Not trying to be contentious, just asking.

 

[JIMinCA]

1. Is there anything else I need to put in? Anything need to be change for the grounds for appeal?
2. Do I need to fill in 3 b (Defendant testified ...)? Do I just leave it blank?
3. Also 3 c (Witness), since I have a witness, do I also leave it blank or do I need to put in what she said?

1. Looks great.
2. You can simply refer to the transcript
3. Transcript.

Get that thing in NOW!!!

 

[JIMinCA]

The thing about (a) and (b), however, is that the judge did consider the evidence and he did consider the testimony of your witness. He just didn't find it sufficient. Can an appeal be based on a difference of opinion as to whether certain evidence constitutes reasonable doubt? Is that "legal error"?

Not trying to be contentious, just asking.

Good point. Maybe you could word it as "judicial error" as the prosecution failed to prove that it was you in the car.

 

[seniorjudge]

1. Looks great.
2. You can simply refer to the transcript
3. Transcript.

Get that thing in NOW!!!

Jim, the court will not search through a transcript.

 

[seniorjudge]

I read the whole thread again.

Wasn't the appeal supposed to have been filed by 06 Sep 08? That's a Saturday.

 

[>Charlotte<]

I read the whole thread again. Wasn't the appeal supposed to have been filed by 06 Sep 08? That's a Saturday.

If I’m reading this correctly, she filed the Notice of Appeal (TR-155) on August 29. At least, she said on August 28 that’s what she was going to do. What she’s working on now is the Proposed Statement (TR-160). The deadline for the TR-160 is September 13, for fifteen calendar days. I suppose that means she must submit it by Friday.

If the actual deadline falls on a weekend, I wonder if you are required to submit it by the last business day within the required time frame, or if they let it go until the first business day after the weekend?

 

[seniorjudge]

...

If the actual deadline falls on a weekend, I wonder if you are required to submit it by the last business day within the required time frame

...

That would certainly be wise.