court... traffic school question
09-07-06, 09:34 PM
#1
court... traffic school question
if i fight a ticket (beause i have a chance of the cop not showing up) and the op shows up and im found guilty....cause i am... can i still attend traffic school and have the point taken off my record? Or by going to court I lose that chance?
09-07-06, 10:13 PM
#5
thanks, guitar.
guess it's time to fork over the $300
hopefully I can take traffic school still.
70 in a 50
I was going 75, but he said ''If your looking for a break I gave it to you. I wrote 70 instedof 75 ...." I tuned him out at this point... thinking of how much of an *** he was, but I guess he helped me out?!?!?
guess it's time to fork over the $300
hopefully I can take traffic school still.
70 in a 50
I was going 75, but he said ''If your looking for a break I gave it to you. I wrote 70 instedof 75 ...." I tuned him out at this point... thinking of how much of an *** he was, but I guess he helped me out?!?!?
Trending Topics
09-08-06, 12:18 AM
#9
Driving RX7's since 1979
iTrader: (43)
Join Date: Aug 2001
Location: So Cal where the OC/LA/SB counties meet
Posts: 6,096
Likes: 0
Received 8 Likes
on
8 Posts
Dave’s not quite right.
You can ASK the judge for traffic school at any time. It always up to the judge. Understand, traffic school is primarily a tool for the court to reduce the caseload on the system.
Ok, so now you've entered your plea of not guilty and you come back a month or so later for your triel. When you show up for court you first appear before, for lack of a better name, a are-you-sure-you-want-to-go-to-court-and-if-you-do-I'll send-you-to-court Judge. That judge will ask anyone there again if they want traffic school before they send message to the cop to come in for trial. Many times, this judge is a little more lenient in allowing traffic school that the arraignment judge might have been. For instance, some judges will allow traffic school if your eligible only if your speeding ticket wasn't more than 15 over. However, the second judge may feel 20 over is ok.
There is also 12-hour traffic school if you're not eligible for 8 hour because you've gone to traffic school within the last 18 months. Usually 12-hour is offered in more than 12 months but less than 18 month situations. Some judges don't believe in it, some do. So even though the Arraignment judge says no, the second judge may allow it.
Once you've been sent to trial court, then you'll see if the cop shows up. When roll call is made, if the cop did show up, you can ask advise THAT judge that you've decided to change your plea to guilty if you can get traffic school. I've seen it done and given many times in that circumstance. But, usually, because the cop has now taken the time to come to court, it is far less likely to be given.
Now, say you've gone through trial and your found guilty albeit perhaps it being a close call, you can ask the judge to set aside the verdict in consideration for traffic school to at least soften the blow of the situation. I've seen it happen.
Bottom line, you can always ask, and the judge can always give traffic school at any point in the process. But, where Dave is coming from, the further through the process you go, the less likely it is the judge will give it.
One final point an attorney in the know advised me. You are always smart to plead not guilty. Her rational is that if you plead guilty and you later are in court for some serious traffic issue such as drunk driving or worse, that admission of guilt can come back to haunt you. However, if you plead not guilty but are found guilty, that same situation can’t be brought into conversation in a subsequent trial. Seemed like good advise, so thought it worth passing that on as well.
Ok, so now you've entered your plea of not guilty and you come back a month or so later for your triel. When you show up for court you first appear before, for lack of a better name, a are-you-sure-you-want-to-go-to-court-and-if-you-do-I'll send-you-to-court Judge. That judge will ask anyone there again if they want traffic school before they send message to the cop to come in for trial. Many times, this judge is a little more lenient in allowing traffic school that the arraignment judge might have been. For instance, some judges will allow traffic school if your eligible only if your speeding ticket wasn't more than 15 over. However, the second judge may feel 20 over is ok.
There is also 12-hour traffic school if you're not eligible for 8 hour because you've gone to traffic school within the last 18 months. Usually 12-hour is offered in more than 12 months but less than 18 month situations. Some judges don't believe in it, some do. So even though the Arraignment judge says no, the second judge may allow it.
Once you've been sent to trial court, then you'll see if the cop shows up. When roll call is made, if the cop did show up, you can ask advise THAT judge that you've decided to change your plea to guilty if you can get traffic school. I've seen it done and given many times in that circumstance. But, usually, because the cop has now taken the time to come to court, it is far less likely to be given.
Now, say you've gone through trial and your found guilty albeit perhaps it being a close call, you can ask the judge to set aside the verdict in consideration for traffic school to at least soften the blow of the situation. I've seen it happen.
Bottom line, you can always ask, and the judge can always give traffic school at any point in the process. But, where Dave is coming from, the further through the process you go, the less likely it is the judge will give it.
One final point an attorney in the know advised me. You are always smart to plead not guilty. Her rational is that if you plead guilty and you later are in court for some serious traffic issue such as drunk driving or worse, that admission of guilt can come back to haunt you. However, if you plead not guilty but are found guilty, that same situation can’t be brought into conversation in a subsequent trial. Seemed like good advise, so thought it worth passing that on as well.
Last edited by HOZZMANRX7; 09-08-06 at 12:30 AM.
09-08-06, 01:41 AM
#10
Driving RX7's since 1979
iTrader: (43)
Join Date: Aug 2001
Location: So Cal where the OC/LA/SB counties meet
Posts: 6,096
Likes: 0
Received 8 Likes
on
8 Posts
One point of clarification. The are-you-sure Judge is normally the same Judge as the Arraignment Judge. But, not always. But, the actual Trial Judge is almost always a different judge and normally will listen to last minute traffic school requests. If the cop hasn't shown up yet, chances are still decent as he really wants to clear his calender quickly so he can still make his afternoon Tee off time.
Thread
Thread Starter
Forum
Replies
Last Post
Jeff20B
1st Generation Specific (1979-1985)
73
09-16-18 07:16 PM
Nosferatu
2nd Generation Specific (1986-1992)
7
09-05-15 02:13 PM