What is the name of your state? California
What's it like in traffic court?
This isn't really a question but I think many can benefit from my experience. Today I sat in traffic court in Palo Alto and I thought I explain what happened in order to hopefully help people who are thinking of making a court appearance and what not to do. Since there were only 5 cases, I can explain what I saw in each.
Basically, everyone waits outside until the baliff says to come in. When your seated, the baliff tells everyone to rise and hold up your right hand when the judge is ready. Then you sit down and the judge explains the procedure of trial (he does it in such an egotistical manner). He might explain some of his pet peaves. This particular judge hated people, and made too many points of it if you ask me, who testified irrelevant evidence. Then, the first name was called...
1. Officer did not show and had requested a continuance for the second time.
The case was dismissed.
2. A girl came up and decided to plead guilty, since the officer showed, and requested traffic school. She was instantly granted it.
3. The first real contestation, and only legitimate effort really, was a girl who was charged with not stopping for a flashing red signal in mountain view at where there was a crosswalk and train tracks apparently...I didn't see the diagrams so I have no idea how they were both positioned. The officer read off his notes saying that she didnt stop in the right place, explaining his credentials and how hes a qualified officer. In fact every officer began with "good afternoon, I am so and so and I have had this much training", gives a little bio on himself. She had an accordion-like picture holder and the judge looked at it but was unfazed. She had pictures of people committing the same violation but of course the "Everyone else does it" argument gets you nowhere. The judge acknowledged that he believes the officer and found her guilty with traffic school denied.
4. This guy I really felt bad for. He was accused of speeding on a 30 mph (or 25 cant remember) road going 57 mph. He goes to my school so he was also a victim of the city of Cupertino's order to station more officers around De Anza College in order to promote traffic safety around the school. The officer gave his usual mumbo jumbo credential speech and mentioned the facts, submitted a calibration record, seemed prepared, and had great memory (although he was reading his notes). When the judge asked the officer leading question and assisted him (about road conditions, pedestrian sightings, or how many lanes), as most people do, he just sat there and raised no objections. When the defendant testifed all he basically said was he wasn't going that fast, was late for school, and that there were no peds. around (which the officer said there was). To top it off, he said he didn't even know how fast he was going !The judge scolded him for talking too fast and explained how he was a reckless driver and supsended his license for 30 days! The maximum for a first offense! Again, he the judge blatantly acknowledged that he believes the officer over him.
5. The next case was another speeding ticket. She was going I believe 10 mph over the limit on a 55 zone, I believe. The officer even showed up with a suit and tie! He began by talking about all the accidents that happened at the particular intersection using the same "good afternoon, I am so and so" testimony. He talked about how there was a traffic survey and how the safest speed was the speed limit in the rainy conditions. Of course, this person had no intention to cross-examine the officer as well. She had a weak testimony saying that she could not have gone that fast for some lame excuse reason I forgot. Again, the judge said he sides with the officer. In the end, she was found guilty and denied traffic school. The trial ended with the officer saying "have a good weekend" to the judge and the judge replied "you too" as if they knew each other.
So was my day in traffic court in the Palo Alto Courthouse. Surprisingly, the deputys at the front door were very helpful and kind. To defendant's, not so much. Even the baliff took the time to talk to me as well. When I walked in today, they recognized me from yesterday (I went but no traffic court was being held that day). I also found a law library right there, but it was closed for the day when I asked the deputy. I also asked when the next traffic court is being held and they said tuesday at 1:30. I said I would be back sometime to watch another session of traffic court (hopefully with a different judge) and they were like "see you on tuesday!". I didn't tell them I was also a traffic violator since I didn't want to lose the friendliness from the staff just yet. They all assumed I was doing an assignemtn for school I will post if I find anything interesting during that session. Good luck...and I hope this gives some of you who are contesting a ticket an idea of what the courtroom is like. Remember, if your defense just denies what the officer says, you will lose. And know your rights. IE don't let them lead the officer!
What's it like in traffic court?
This isn't really a question but I think many can benefit from my experience. Today I sat in traffic court in Palo Alto and I thought I explain what happened in order to hopefully help people who are thinking of making a court appearance and what not to do. Since there were only 5 cases, I can explain what I saw in each.
Basically, everyone waits outside until the baliff says to come in. When your seated, the baliff tells everyone to rise and hold up your right hand when the judge is ready. Then you sit down and the judge explains the procedure of trial (he does it in such an egotistical manner). He might explain some of his pet peaves. This particular judge hated people, and made too many points of it if you ask me, who testified irrelevant evidence. Then, the first name was called...
1. Officer did not show and had requested a continuance for the second time.
The case was dismissed.
2. A girl came up and decided to plead guilty, since the officer showed, and requested traffic school. She was instantly granted it.
3. The first real contestation, and only legitimate effort really, was a girl who was charged with not stopping for a flashing red signal in mountain view at where there was a crosswalk and train tracks apparently...I didn't see the diagrams so I have no idea how they were both positioned. The officer read off his notes saying that she didnt stop in the right place, explaining his credentials and how hes a qualified officer. In fact every officer began with "good afternoon, I am so and so and I have had this much training", gives a little bio on himself. She had an accordion-like picture holder and the judge looked at it but was unfazed. She had pictures of people committing the same violation but of course the "Everyone else does it" argument gets you nowhere. The judge acknowledged that he believes the officer and found her guilty with traffic school denied.
4. This guy I really felt bad for. He was accused of speeding on a 30 mph (or 25 cant remember) road going 57 mph. He goes to my school so he was also a victim of the city of Cupertino's order to station more officers around De Anza College in order to promote traffic safety around the school. The officer gave his usual mumbo jumbo credential speech and mentioned the facts, submitted a calibration record, seemed prepared, and had great memory (although he was reading his notes). When the judge asked the officer leading question and assisted him (about road conditions, pedestrian sightings, or how many lanes), as most people do, he just sat there and raised no objections. When the defendant testifed all he basically said was he wasn't going that fast, was late for school, and that there were no peds. around (which the officer said there was). To top it off, he said he didn't even know how fast he was going !The judge scolded him for talking too fast and explained how he was a reckless driver and supsended his license for 30 days! The maximum for a first offense! Again, he the judge blatantly acknowledged that he believes the officer over him.
5. The next case was another speeding ticket. She was going I believe 10 mph over the limit on a 55 zone, I believe. The officer even showed up with a suit and tie! He began by talking about all the accidents that happened at the particular intersection using the same "good afternoon, I am so and so" testimony. He talked about how there was a traffic survey and how the safest speed was the speed limit in the rainy conditions. Of course, this person had no intention to cross-examine the officer as well. She had a weak testimony saying that she could not have gone that fast for some lame excuse reason I forgot. Again, the judge said he sides with the officer. In the end, she was found guilty and denied traffic school. The trial ended with the officer saying "have a good weekend" to the judge and the judge replied "you too" as if they knew each other.
So was my day in traffic court in the Palo Alto Courthouse. Surprisingly, the deputys at the front door were very helpful and kind. To defendant's, not so much. Even the baliff took the time to talk to me as well. When I walked in today, they recognized me from yesterday (I went but no traffic court was being held that day). I also found a law library right there, but it was closed for the day when I asked the deputy. I also asked when the next traffic court is being held and they said tuesday at 1:30. I said I would be back sometime to watch another session of traffic court (hopefully with a different judge) and they were like "see you on tuesday!". I didn't tell them I was also a traffic violator since I didn't want to lose the friendliness from the staff just yet. They all assumed I was doing an assignemtn for school I will post if I find anything interesting during that session. Good luck...and I hope this gives some of you who are contesting a ticket an idea of what the courtroom is like. Remember, if your defense just denies what the officer says, you will lose. And know your rights. IE don't let them lead the officer!