Archive for the ‘Appeal’ Tag

How can I appeal a traffic court decision?   Leave a comment

How Do I Appeal if I am Found Guilty

Judicial Council Form CR-141 has instructions on how to appeal infractions (including parking tickets) and Form CR-142 is used for a notice of appeal for infraction cases.

NOTE: It is important to understand that an appeal is NOT a new trial.  The appellate judge will not consider new evidence, such as the testimony of new witnesses or new exhibits.  The appellate judge’s job is to review a record of what happened in the trial court (or parking agency) to see if certain kinds of legal errors were made in the case; For example Prejudicial Error (things like errors made by the judge about the law, or errors or misconduct by the lawyers that harmed the appellant) or No Substantial Evidence (asks the appellate judge to determine if there was substantial evidence to support the judgment, order, or other decision being appealed).

You do not have to have a lawyer; you are allowed to represent yourself in an appeal in an infraction case.  But appeals can be complicated, and you will have to follow the same rules that lawyers have to follow. Depending on your situation, you may be very well served by spending the money to either consult with an attorney if not fully retain an attorney.