appealing a red light traffic violation legal error?

[potsnpea]

So there is a section where they ask if I requested any motions. It then asks if one of those motions was to submit photographs.

I had brought in photographs. Do I write about the photos under this section or do I write about it in my summary of testimony and check that there I didn't request or make any motions?

 

[demurringdude]

Since the photos aren't really material to your appeal, I wouldn't worry too much about where or how you mention them. From what you have described, I would say you did not make any motions, although you offered photos in evidence.

 

[potsnpea]

What is considered the trial court. Is that the people in the court room the day of my trial or is it the entire group of people from the administration, to the people in the arraignment to the actual trial?

 

[potsnpea]

When they ask what I was charged with do I write the code as

21463aVC (red lt viol)

or

21463VC (red lt viol)

or

21463aVC

or

21463VC

 

[demurringdude]

What is considered the trial court. Is that the people in the court room the day of my trial or is it the entire group of people from the administration, to the people in the arraignment to the actual trial?

These definition questions are hard to answer without knowing the context/purpose.

 

[demurringdude]

When they ask what I was charged with do I write the code as

21463aVC (red lt viol)

or

21463VC (red lt viol)

or

21463aVC

or

21463VC

Write the code section exactly as it appears on your citation.

 

[potsnpea]

When I fill out the forms there are places where they ask you if you need more room. If so to put the form number and section on the top of the page and add it to the packet.

Is there any rules to how I have to format these pages, like double spaced or a size of type, or a certain type. Besides the CR-143, Item 5 at the top of the page are there any other rules

I need more space to write my testimony, the officer's testimony and the legal error.

I have opted to go really simple and I basically said no to any motions or hearings because even though I submitted photos I don't know that there was a motion or a hearing on it and same for the amendment I don't know if that was a motion or a hearing.

So I am just going say there was testimony from me and the officer and summarize it and then put that long post down on the legal error as one legal error.

I am trying to get this out and together so I can file the CR-143.

I know I will have to figure out how many copies and I will have to serve a copy on the officer. Lots of details to figure out but if I keep taking it step by step I will have an appeal at least turned in.


I understand that I have to write a Brief later on but I don't have to worry about that quite yet. Right?

There are even more rules for the Brief but I am not at that point. I am just filling out the CR-143 form.

 

[demurringdude]

Is there any rules to how I have to format these pages, like double spaced or a size of type, or a certain type.

There are rules about it, right down to what type of paper to use, but they are usually only enforced on attorneys. Since you are representing yourself, they won't be too concerned about it, as long as it's legible.

 

[potsnpea]

That's good to know.

So I will just print out my last few pages and file the paperwork and find out who to serve.

If I win this appeal does that mean they will drop the case or that I have to go to court and try all over again?

 

[potsnpea]

What does it mean when they say "any party in the way".

I went to file my CR-143 and I tried to find out who it was that I needed to serve. I guess there was no DA so I don't have to serve the DA but I am supposed to serve "any other party in the way required by law."

This is clear as mud to me. I asked if I needed to serve the officer but the clerks just said they can't give me any legal advice. I have to figure this out on my own.

So this is where I am now. I am trying to make sure I have all my paperwork in.

 

[demurringdude]

What does it mean when they say "any party in the way".
I went to file my CR-143 and I tried to find out who it was that I needed to serve. I guess there was no DA so I don't have to serve the DA but I am supposed to serve "any other party in the way required by law."

It means when you serve them, you serve them "in the way required by law". The law has specific requirements for how to "serve" someone.

There are two "parties" - you, and the people of the state of California. The people are represented by the DA.

Since the DA did not appear in your case, you do not need to serve him. You just need to file it with the court.

You should study CR-141-info carefully - it has absolutely everything you need.

 

[demurringdude]

If I win this appeal does that mean they will drop the case or that I have to go to court and try all over again?

In your case, assuming it goes your way, they will dismiss the ticket ie you won't have to go back. In theory, that wouldn't stop the officer writing you a new ticket and taking you back to court on the correct charge, but that is unlikely.

 

[potsnpea]

You should study CR-141-info carefully - it has absolutely everything you need.

Believe me I have. I have read that over and over. I just got hung up on the verbiage.

Thanks for straightening that out for me.

Wow the officer can actually rewrite the ticket. Will he be given a copy of the appeal? I thought I was going to have to serve the officer but I guess I do not have to worry about that. Turning in the paperwork is enough.

It will be interesting to see what happens.

Another question I have is after I am done appealing if I were to loose, hopefully that won't be the case, but if I did can I request another chance to have traffic school to get it off my record. I was told that I couldn't do traffic school if I appealed but I saw a form for requesting traffic school. Could I still request it by filling out a form?

 

[Zigner]

You are well advised to seek the advice of an actual attorney. The advice you have received on filling out your appeal form is wrong (well, most of the advice you received from him in general is too) - but I'm sure demurringdude would never admit it.

 

[demurringdude]

The advice you have received on filling out your appeal form is wrong (well, most of the advice you received from him in general is too) - but I'm sure demurringdude would never admit it.

Quite happy to admit if I'm wrong. Please point out the specific error in case it can be corrected. I'm more interested in Potsnpea getting off than I am in being right.

It might have been helpful not to wait until the day after Potsnpea filed the appeal to point this out.