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What Can I Expect In A Traffic Court Appeal-California

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eptexas

Junior Member
What is the name of your state?What is the name of your state? California Superior Court, Los Angeles
Here's the story: CHP Officer's sloppy writing caused me to believe he had written wrong violation number on my ticket. I pled Not Guilty and requested a trial. Upon paying the requested bail, Court Clerk wrote the correct violation number on my receipt. I informed her of this error and she said that this IS the correct violation number; the Officer had made a mistake. I wanted to return to the court and explain to the Judge that I wanted to change my Not Guilty plea to Guilty and attend traffic school, but she said I cannot go back to the courtroom. I had no choice but to wait for my trial date.
On the day of the trial, the Officer stated his case. When finished, I stated my case and explained to the Judge that I wanted to change my plea and attend traffic school. The Judge would not allow me to and instead found me guilty and that was that. I appealed his decision, believing the Judge could have allowed me to change my plea and asserting that my copy of the citation had been written wrong, and now I have to file briefs! What are briefs? I don't think the judge meant underpants, but shouldn't I have received instructions on how to do this? Can anybody tell me where I can find some briefs and how do I file them? The Internet is full of articles, but none of them make any sense. A friend said I need to find president or something like that. Am I in over my head on this? Any advice would be of help. I am not rich, but not poor enough to qualify for free legal aid. Thanks in advance.
Mike
 


seniorjudge

Senior Member
Q: I appealed his decision, believing the Judge could have allowed me to change my plea and asserting that my copy of the citation had been written wrong, and now I have to file briefs! What are briefs?

A: You want your conviction reversed on the grounds you didn't get to plead guilty? Wow! That's strange, even for California.

Withdraw your appeal. It is frivolous.

A brief is an essay written to stringent rules on why you should win and the government should lose. There is no precedent for your case; it is hopeless.
 

eptexas

Junior Member
Traffic Court Appeal

In California
I'm sorry, I forgot to mention my appeal is based on the fact the Judge
Pro-Tem allowed the Officer to change the incorrect violation, 22347 to the correct violation, 22349 at trial. The judge allowed that and found me guilty. Everything after that are incidents I tried to change after discovering the officer erred and wanted to plead guilty. I hope this clears things up. After all, I'm nothing but a lowly hard-working employee with no formal education in law.
 

seniorjudge

Senior Member
eptexas said:
In California
I'm sorry, I forgot to mention my appeal is based on the fact the Judge
Pro-Tem allowed the Officer to change the incorrect violation, 22347 to the correct violation, 22349 at trial. The judge allowed that and found me guilty. Everything after that are incidents I tried to change after discovering the officer erred and wanted to plead guilty. I hope this clears things up. After all, I'm nothing but a lowly hard-working employee with no formal education in law.
Post back with results.

Meanwhile, pray that the courts of appeals judges are not as confused by your explanation as I am.
 

buffseaman

Junior Member
To clarify the original poster:

If you get a traffic offense in California, you get a 'point' on your DMV record. Each point can increase auto insurance premiums significantly. The court gives you a chance to go to traffic school to remove this point if you plea guilty and do not take the case to trial.

It seems to me the poster wants to remove this point from his record, but cannot do so as he/she went to trial. He only went to trial because the CHP officer wrote the incorrect violation on the ticket. I'm guessing the poster wants to know if there is a way he can attend traffic school despite having gone to trial.

My best guess would be to call up the court, explain the situation, and find out if there is a way for you to attend traffic school to remove the point. Forget about the briefs and whatnot - you're guilty and the trial is over. All you can do now is find out if there's still a possibility of attending traffic school.
 

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