vtkrishn,
The only relatively sure way to insulate yourself from 3 years of increased insurance premiums is to plead out and accept traffic school.
California Rule of Court 4.104(c)(2):A defendant who is otherwise eligible for traffic violator school is not made ineligible by entering a plea other than guilty or by exercising his or her right to trial. A traffic violator school request must be considered based on the individual circumstances of the specific case. The court is not required to state on the record a reason for granting or denying a traffic violator school request.
If you are already eligible for traffic school and you lose your TBD or you choose to contest your citation in court and lose in that manner you are not made ineligible for traffic school. If you lose your TBD, request a trial de novo and then lose that, your ability to attend traffic school will be at the discretion of the judge. In People v. Wozniak the Court of Appeals found that " If the trial judge believes that a defendant's circumstances indicate that a defendant would benefit from attending school, such attendance should be authorized." I've witnessed a handful of trial de novos in Shasta County and all of the defendants were offered traffic school upon a guilty verdict. So even if you lose your trial de novo, as long as you are respectful and show the judge that you will benefit from traffic school you will almost always be allowed to attend. Keep in mind, the jusdge does not have to bring this up and may be something the defendant has to request after the verdict and before sentencing.
Quote:
The only relatively sure way to insulate yourself from 3 years of increased insurance premiums is to plead out and accept traffic school.
If you are already eligible for traffic school and you lose your TBD or you choose to contest your citation in court and lose in that manner you are not made ineligible for traffic school. If you lose your TBD, request a trial de novo and then lose that, your ability to attend traffic school will be at the discretion of the judge. In People v. Wozniak the Court of Appeals found that " If the trial judge believes that a defendant's circumstances indicate that a defendant would benefit from attending school, such attendance should be authorized." I've witnessed a handful of trial de novos in Shasta County and all of the defendants were offered traffic school upon a guilty verdict. So even if you lose your trial de novo, as long as you are respectful and show the judge that you will benefit from traffic school you will almost always be allowed to attend. Keep in mind, the jusdge does not have to bring this up and may be something the defendant has to request after the verdict and before sentencing.
Traffic School: When do California Courts Have to Offer Traffic School
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