[ Ch 1 Law Terms ] [ Ch 2 Abbreviations Used ] [ Ch 3 Your Rights ] [ Ch 4 RoadMaps ] [ Ch 5 FAQs ] [ Exam ]
MC 10 - Ch 3 Your Rights
|Right # 1||Remain Silent||You still have to response to the Officer, but you don't have to admit anything.|
Just say, "I was driving safely."
|Right # 2||Speedy Trial||After you have entered your plea, you must be tried within forty-five (45) days. However, if you have been granted a Continuance or have previously submited a written plea, your right for a speedy trial(a.k.a. waive time) is wavied.|
You may enter your plea in Trial By Written Declaration, or at an arraignment.
|Right # 3||Informal Discovery Request (IDR)||Through the Informal DiscoveryRequest,|
you may request for Officer's evidence which will be used to proof you guilty.
California Penal Code Section 1054.5(b)
California Penal Code Section 19.7
|Right # 4||Cross-examine Any Witnesses||You as the Defendant may cross-examine any witnesses.|
In this case, the witness is usually the Officer(s).
California Evidence Code Section 1291 (a)(2)
|Right # 5||Attend Traffic School||For the first and second ticket within the past eighteen (18) months,|
you may request to attend traffic school.
However, you waive this right if you contest your ticket.
|California Vehicle Code Section 1803.5|
California Vehicle Code Section 1808.7
Differences between traffic school Level One and Level Two
|Right # 6||Request for County Seat||You must request it two times:|
The first time when the Officer issue you a ticket.
The second time is during Arraignment.
|California Vehicle Code Section 40502(b)|
|Right # 7||Request for Continuance||Request for Continuance means that you are requesting|
the courthouse to extend your ticket due date.
For most cases, the clerk will extend your due date for one more month.
You may try to request Continuance more than once, but you may be asked
to write to the Judge, and you need a good reason for this request.
When you request for Continuance, you waived the right for a speedy trial.
|California Vehicle Code Section 40506.5|
|Right # 8||Trial By Written Declaration (TBWD)||Fight or contest your ticket by writings of letter.||California Vehicle Code Section 40902 (a)(1)|
|Right # 9||Trial de Novo (a.k.a. New Trial)||If you were to be found guilty at your Trial By Written Declaration,|
you may request for a new trial or trial de novo, and you will have to present at the courthouse
|California Vehicle Code Section 40902 (d)|
|Right # 10||Appeal||Say, you were found guilty at the Trial de Novo, or any trial,|
if there were any procedural errors or reasons (a.k.a. grounds), you may appeal at
the Appeal Court.
This is a complicated matter, you will have to consult an attorney for this.
Or, ask for help at our forum.
|Right # 11||Bail Refund||If you win at the trial, the court has to refund|
your bail payment within sixty (60) work days.
They will refund your money for sure, but the timing is not gurrantee.
|Right # 12||Disqualifying a Judge||There are three ways to disqualify or challenge a Judge:|
Plesae refer to highwayrobbery.net (link at the right) which has done a great job to explain in details.
|highwayrobbery.net - Challenging (Disqualifying) the Judge|
California Code Of Civil Procedure Section 116.240
California Code Of Civil Procedure Section 170.3(c)
California Code Of Civil Procedure Section 170.6
|Possibility # 1||Request for traffic school for more than once within the past eighteen (18) months.||At your arraignment, after your plea (usually say "Traffic School!" instead of "GUILTY"), you may request the Judge to attend traffic school for more than once, twice, or more within the past eighteen (18) months. You may also write to the Judge, and request for it. But, the best way is at an arraignment.||N/A|
|Possibility # 2||Request for traffic school other than at an arraignment||You may request for traffic school at one or all of the followings:||N/A|
|Possibility # 3||Request for fine reduction||You may request for fine reduction at one or all of the followings:||N/A|
|Possibility # 4||Request for County Seat other than when you were cited, or at an arraignment||Even if you did not request for County Seat at the time you signed your ticket, you may still request for it.|
The Judge may deny your request, but it does not hurt to request. Just don't lie that you did request for it when you signed the ticket.
You must do all of the followings: