vendredi 31 mars 2017

Appeals: How to Appeal a Traffic Ticket to the Court of Appeals

My question involves a traffic ticket from the state of: California

Greetings,

I appealed a traffic ticket I was issued in San Diego on January 2016. My court trial was in May 2016, I submitted my Notice of Appeal shortly after, briefs were submitted between November 2016 and January 2017, my oral arguments were in February, and the decision came back in early March: trial court decision affirmed. I petitioned for rehearing because they did not even address the 2 major points in my appeal; they affirmed the decision based on other things. My petition was denied.

I have 2 questions:

1) The petition for rehearing was denied by the same judge who heard oral arguments and made the decision. Is that even legal? Can the petition be seen by the same judge, or must it be reviewed by a different one?

2) I'm strongly considering taking the appeal up to the next level, which would be the 4th District Court of Appeals. But I'm not sure how to proceed. You can file electronically, but first, I have to file a notice of appeal. But the only options available are Criminal, Civil, and Juvenile. Someone told me I could use the Criminal form, but it says "Felony" all over, which is making me hesitate. It's form CR-120... would that be the correct form to use?

Thanks for any advice!


Appeals: How to Appeal a Traffic Ticket to the Court of Appeals

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