Several important things I learned in Traffic Court today

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Old 08-10-2005, 07:44 PM
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Default Several important things I learned in Traffic Court today

A little background:
I received a two separate infactions on the same citation. When I received the courtesy notice it indicated that I was not eligible for traffic school but could request it in person at arraignment. It indicated that I would be forced to take Level II traffic school. I scheduled arraignment so I could request traffic school. After the following disclaimer are useful tidbits of info that I discovered as a result of this. The disclaimer is: This was my experience at the Palo Alto Superior Courthouse with a judge pro tempore instead of the usual commissioner. Your results may be totally different and you should seek legal counsel. If anyone has information that counters any of what I experienced, please feel free to also post.

1) Despite what the Traffic Court website says, you are not automatically required to take a Level II traffic school if you have two infractions on one ticket. If you have not been previously to traffic school in the last 18 months, you may be given the oportunity to attend regular traffic school which will handle both infractions. The poor shlub in front of me was sent to Level II because he had gone to traffic school in the last 18 months.

2) During the reading of the defendants rights, the judge seemed to indicate that many of the misdemeanors would be reduced unless there was circumstances that prevented him from doing it. Thus, if you get a traffic misdemeanor, you may be able to have it reduced without getting an attorney involved but only if you do this during the arraignment. In the worst case, you can plead not guilty and get legal representation for the trial. REMEMBER MY DISCLAMER!!!!! Your results may vary.

3) The fine associated with my ticket was dropped from over $300 to $101. I didn't even have to ask for it. The judge indicated that almost everyone would receive a reduced fine. When each person was called, the judge asked them if they wanted traffic school. If they said "yes" then he reduced the fine. I don't remember what happened to those who plead not guilty. Thus, if you are absolutely planning on attending traffic school, there's very little reason not to go the arraignment. Why pay the $200-$300 if you can spend some time at the arraignment and get the fine reduced.

4) The docket numbers are assigned by last name. I have a very early letter and lucked out. I was fifth. Not much you can do here. Do realize that you must be present at the exact time listed on your arraignment request. You cannot saunter after court is called into session.

I hope this helps those out there.

Finally, this was my third stop in the 20 years I have been driving. Every time, it has been because I was tired and was driving much faster than the traffic around me. If you want to drive fast, make sure everyone else is also driving fast. Don't give an officer a reason to pick you out.
Old 08-10-2005, 08:23 PM
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Did you try "Trial by written declaration" before going to the courthouse in person?
Old 08-10-2005, 08:50 PM
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Default There was no point in doing that in my case

It was very unlikely that BOTH of the charges would have been dismissed. Being found guilty on just one of the infractions would have required a de novo trial. At that point, it would have been less likely to receive the leniency that I received. Also, from I have been reading, more and more of the TBWD are being unsuccessfully handled.
Old 08-11-2005, 09:02 AM
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Thanks for sharing this info. I'll keep it in mind.
Old 08-11-2005, 09:44 AM
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Default No problem. I searched AWNorCal when I was first cited and there was a bit of info

But, I there wasn't a lot regarding my specific situation. If this helps anyone, then I've done my good deed for the day.
Old 08-11-2005, 12:21 PM
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Default TBWD is worth a try

I've had very good luck with TBWD. Among my wife, my sister and myself, we've gone five for five not guilty verdicts in the last two years.

I use the Ticket Assassin website for forms and wording. I don't know this for certain, but I believe that some, if not all of our not guilty verdicts were due to the officer not submitting his version. That's an automatic not guilty.
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