My question involves a traffic ticket from the state of: California
So, I was cited and found guilty of VC 21655.8(a) in a Trial by Declaration, despite raising an affirmative defense of public and personal safety. The driver in front of me braked suddenly to avoid either debris in the lane or the car in front of him. Not sure exactly why, but to avoid a collision I moved right on to the non-carpool area where it was safe. So, the court did not agree with me. I am confident working in criminal prosecution I would lose a Trial de Novo, as there would be no other evidence to present even though the citing officer likely has no notes on the citation. However, here is the reason why I asked for a Trial de Novo. In the decision of the court, I was not offered traffic school, even though I have not had a ticket in 30 years and this is a one point offense not excluded from traffic school. There is no other way to ask for traffic school without appearing in court. So, I am using the Trial de Novo as an opportunity to discuss the facts behind the citation again in front of a judge, and at the very least get traffic school. Thoughts?
So, I was cited and found guilty of VC 21655.8(a) in a Trial by Declaration, despite raising an affirmative defense of public and personal safety. The driver in front of me braked suddenly to avoid either debris in the lane or the car in front of him. Not sure exactly why, but to avoid a collision I moved right on to the non-carpool area where it was safe. So, the court did not agree with me. I am confident working in criminal prosecution I would lose a Trial de Novo, as there would be no other evidence to present even though the citing officer likely has no notes on the citation. However, here is the reason why I asked for a Trial de Novo. In the decision of the court, I was not offered traffic school, even though I have not had a ticket in 30 years and this is a one point offense not excluded from traffic school. There is no other way to ask for traffic school without appearing in court. So, I am using the Trial de Novo as an opportunity to discuss the facts behind the citation again in front of a judge, and at the very least get traffic school. Thoughts?
Traffic Lane Violations: Usng a Sudden Emergency as a Defense to a Carpool Lane Violation, VC 21655.8(a)
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