California Traffic Ticket Appeals
California Traffic ticket appeals: Traffic tickets are subject to the same rules and procedures as most misdemeanor charges. This includes the right to an appeal if there was a legal issue in the case. However, it is important to note that you can appeal only if there was a legal error. It is a misconception that a defendant should appeal a case simply because they did not like the result at trial. There are other defendants who ask for an appeal simply because they thought that the Commissioner took the cops word over theirs. Both of these reasons for asking for an appeal are incorrect. These are not reasons to file an appeal of your traffic citation. While this right (to appeal) is given to every single person in traffic court, your case will not be overturned unless you can show a legal error.
Filing a traffic ticket appeal is an uphill battle and you must first analyze the law and the probability for success. If you do not analyze the law first, you could be throwing money, time, and energy away. Further, a traffic ticket attorney is expensive for appeals. You should question whether or not you want to hire an attorney and if the time and energy is even worth it for you personally.
The main reason why someone would appeal a traffic case is because there was an legal error made by the Court in deciding the case. Another reason is that the Court may have abused it’s discretion. An example of a legal error may be, to admit into evidence a traffic engineering survey which does not meet the elements of the hearsay exception. An example of an abuse of discretion of the Court, is to allow the Officer to re-open the case after you have made your closing argument/ after the people rested their case.
California Traffic Ticket Appeals
Filing a Traffic Ticket Appeal is a long process… Here are the steps of a Traffic Case Appeal:
1. File your Notice of Appeal (NOA) within 30 days of the finding of guilt. This is important that you file within 30 days- you cannot default on this, it is jurisdictional and there are very few reasons that the Court will allow relief if you miss this critical date.
2. You must file the Statement on Appeal within 20 days of filing the NOA. You must serve a copy on the District Attorney, depending on your jurisdiction. Here you must also designate your record.
3. You will be given a court date to appear in order to settle the record. This means you will meet with the Commissioner who heard the case in order to discuss and agree to what the testimony was presented at trial and just as important what objections were made at trial.
4. Once all of the above has been completed, the case will be certified to the Appellate Division of the Superior Court.
5. Next, the Appellate Division clerk will notify you that they have received the record on appeal and that your Appellant’s Opening Brief will be due in 20 days. If you cannot meet this deadline, you may request and extension of time.
6. Once all briefs have been filed, the Court will issue a court date to appear and make an oral argument.
7. Lastly, once argument is completed the Court will notify you of their decision. If you are not satisfied with the decision, you can request a transfer to the Court of Appeals. If you are denied the transfer by both the Court of Appeals and the Appellate Division, you can then file a writ against that decision.
Depending on the local rules and the exact case you are fighting, these steps may change. It is best to speak with an attorney before taking on an appeal.
If you are ready for compassionate legal representation for defending your traffic ticket, contact the folks at Beahm Law to schedule a consultation. Check out Beahmlaw.com for more info.