h**o
发帖数: 548 | 1 说我在有车辆200feet内U-turn，罚238，申诉信败诉后，说不让上驾校,因为申诉信意
味着please not guilty了。亲自上法庭诉，给减了75块钱。法庭上要求上驾校，说决
定上法庭就不可以上驾校。
结论是你要上驾校，就不能写申诉信和上法庭 please not guilty.。
以后再碰到还是乖乖认罪算了。赔了时间钱也没抢回来还扣点 | h******k
发帖数: 15372 | 2 你只能选一头，放弃另一头。否则要上法庭的就太多了，法官忙不过来。法庭审理这种
交通违规案子是赔本的，越少越好。 | h**o
发帖数: 548 | 3 先前在此版和护联网上查到的都是上庭败了还是有权要求上驾校的。看来事实不是这样
啊。
还有，我两次上庭（第一次警察mandatory training,所以我去了法庭两次），人都挺
少的，而且警察都去了。和以前听说的法庭人很多，警察没时间了得说法完全不一样啊
看样子政策变了。：-）
【在 h******k 的大作中提到】
: 你只能选一头，放弃另一头。否则要上法庭的就太多了，法官忙不过来。法庭审理这种
: 交通违规案子是赔本的，越少越好。
| a******o
发帖数: 16625 | 4 加州是申诉失败也可以上驾校的。法庭另外收一笔钱。
【在 h**o 的大作中提到】
: 先前在此版和护联网上查到的都是上庭败了还是有权要求上驾校的。看来事实不是这样
: 啊。
: 还有，我两次上庭（第一次警察mandatory training,所以我去了法庭两次），人都挺
: 少的，而且警察都去了。和以前听说的法庭人很多，警察没时间了得说法完全不一样啊
: 看样子政策变了。：-）
| j****i
发帖数: 68152 | 5 第一回听说please not guilty。英文真好，一张嘴就往外蹦洋字码
【在 h**o 的大作中提到】
: 说我在有车辆200feet内U-turn，罚238，申诉信败诉后，说不让上驾校,因为申诉信意
: 味着please not guilty了。亲自上法庭诉，给减了75块钱。法庭上要求上驾校，说决
: 定上法庭就不可以上驾校。
: 结论是你要上驾校，就不能写申诉信和上法庭 please not guilty.。
: 以后再碰到还是乖乖认罪算了。赔了时间钱也没抢回来还扣点
| h**o
发帖数: 548 | 6 就是加州
【在 a******o 的大作中提到】
: 加州是申诉失败也可以上驾校的。法庭另外收一笔钱。
| h**o
发帖数: 548 | 7 plead not guilty. 没办法，电脑太智能了。
【在 j****i 的大作中提到】
: 第一回听说please not guilty。英文真好，一张嘴就往外蹦洋字码
| a******o
发帖数: 16625 | 8 我上次上法庭的时候，是可以的。
最近我看法庭网页上有表格，可以邮寄申请。
【在 h**o 的大作中提到】
: 就是加州
| a******o
发帖数: 16625 | 9 http://www.expertlaw.com/forums/showthread.php?t=9109
According to VC 42005, the decision whether you go to traffic school is up
to the judge and only if the judge believes your particular circumstance
will allow you to benefit from traffic school.
What does that mean? It depends on your situation. If you're speeding 20 MPH
over the speed limit, say caught doing 60 MPH in a 40 MPH, the judge may
make you pay a fine because you're grossly going over the limit and most
likely on a local road. If you're doing 75 MPH in a 65 MPH zone, you're most
likely on a freeway and if it's I-5, you might get traffic school.
It's dependent on the situation of the case. Where were you speeding (
residential area vs freeway), how much over were you going over the speed
limit, etc...
For those who thought that you gave up your right to traffic school if you
decide to fight your ticket, the court that is telling you this is wrong.
Vehicle Code 42005. (a) The court may order or permit a person convicted of
a traffic violation to attend a traffic violator school licensed pursuant to
Chapter 1.5 (commencing with Section 11200) of Division 5.
Also, in People v. Enochs and People v. Wozniak, it was determined that
The trial judge has the power to order defendant to attend traffic school.
If the trial judge believes that a defendant's circumstances indicate that a
defendant would benefit from attending school, such attendance should be
authorized. The question of such imposition should not be affected by the
order in which plea, explanation and request (for school) are presented. To
decide on defendant's entitlement to traffic school on the basis of the
order of presentation rather than the facts of the case is capricious and
arbitrary.
Basically, any court that tells you that you give up your right to traffic
school if you fight your ticket is wrong. You still have that option. The
problem is that most judges just stick to policy that if you fight your
ticket, you are automatically denied traffic school.
If and when you decide to fight your ticket and at the very end, you end up
losing (unless you've got a back up plan for an appeal), you can request
from the trial judge that you would like to attend traffic school as a
result of the conviction. So, you would say something like, "Your honor, as
a result of the guilty conviction, per Vehicle Code 42005, I respectfully
request permission to attend traffic school." The judge will probably then
say that it is not possible to attend traffic school after receiving a trial.
Bingo! There's you're out. That statement by the judge is in direction
violation of VC 42005 and supported by People v. Wozniak. The trial court
abused its discretion in relying on a court policy to deny any defendant
permission to attend traffic school after conviction.
The bummer part now is you have to file an appeal for a hearing for the
court to consider the merits of a defendant's request for traffic school. So
, you'll need to go back to court to have the court properly decide whether
you can go to traffic school or not (per VC 42005).
Now, the decision is up to the trial judge on whether you go or not (all you
can do is request). Now, if you haven't attended traffic school is the last
18 months, and depending on the situation on where you were caught and how
grossly you were going over the speed limit (and the judge's mood) will
determine whether you get traffic school or not.
Again, traffic school is up to the decision of the trial judge. There is no
blanket rule that you give up your right. Unforetunately, a lot of traffic
court places ignore this and hope the general public isn't paying attention. |
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