Archive for the ‘Citation’ 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.

 

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What is a “Citation?”   Leave a comment

In California, a traffic case gets started when a traffic ticket (a citation1) is delivered to the court by a law enforcement agency, such as a local police department or the California Highway Patrol.

 

When the court receives the original citation, it opens a file for the case and generates and mails a courtesy notice to the person who was cited2. This courtesy notice will usually give information about:

 

  • The amount of money due to the court for this ticket (called the “bail”);
  • The deadline to respond to the court without additional penalties;
  • Notice that the individual must appear in court in person (“Mandatory Appearance”), or that the citation can be resolved without ever appearing in court;
  • Information regarding traffic violator school eligibility;
  • Information regarding the requirements for clearing a correctible citation (sometimes called a “fix it” ticket).

 

NOTE: If you got a traffic ticket, it is your responsibility to get this information about deadlines or amounts due — whether or not you receive a courtesy notice in the mail.  If you do not receive a courtesy notice, contact the court by the “promise to appear” date on your citation, and ask a clerk to let you know what you need to do.

 

1Citation: A court order or summons that tells a defendant what the charges are. Also tells the defendant to go to court and/or post bail.

 

2Cited: When a defendant is not in custody but has signed a ticket promising to go to court on a certain day; can be used for any infraction, city or county ordinance, or misdemeanor.