Advice wanted prior to going to traffic court
I have a question: I have a ticket in which I should qualify for traffic school (it's been over 3 years since last ticket). I had gotten a running a red light ticket in Oakland based on a camera (it was correct - no cars coming, I ran it turning right when I saw no cars or cops - but forgot about cameras). I went to court to arrange payment and traffic school (all the way down in Oakland). The judge refused to let me make payments on the $500 ticket AND have traffic school. He said I needed to pay in full (no payments) if I wanted traffic school. He said the ONLY way I could get traffic school (even though I do qualify) was to pay the entire $500 that day in court, which I did not have, and then I could get signed up for traffic school. I told him i wanted my day in court w/ a jury (waste of more time and money). Now I'm about to go to court in two days. Has anyone experienced this? I want to ask the jury for affordable payments / time to pay before it's on record, then go to traffic school. Barry, should I pose this as a new thread question? Or is this an appropriate place to post it?[Moved from Traffic school recommendations? thread]
Re: Advice wanted prior to going to traffic court
Hi Sabrina, I don't believe the jury has that power. For them it's just guilty or innocent though they can convict you of a lesser crime in some cases and capitol cases are an exception. The sentence is up to the judge. The payments would be a condition of your sentence. I am not an attorney ( that's a blessing ) but I don't think the jury can help you.
If you want to fight it, must reading is Fight Your Ticket & Win in California by David Brown. I haven't used it in twenty years or so, I only fight them when they do something rude or I really didn't do anything wrong, Officers hate going to court. When I have fought using Brown's I have either won or had the fine greatly reduced but that was before a judge, not a jury. There are some things in their you would never think of. I remember where if your caught speeding but you can show that you came into the street after the last speed limit sign and the next sign could not be seen and that you could reasonably not know the speed limit, you win. Good luck and I hope someone else will chime in if I got any of this wrong. Gene
Re: Advice wanted prior to going to traffic court
Thanks for advise! (unfortunately I didn't get it till after the fact) BUT things worked out to my satisfaction. They reduced the crime in such a way as that it will not give points to my driving record so I don't need to go to traffic school. And, I get to make payments of $35 per mo. starting Aug. 20 (more if i can afford). There was no Jury even though they said it was a Jury trial (???). Only a judge was there. Thanks!