Legal Question in Traffic Law in California

Civil Rights Violation?

On 4-1-03 I recieved a ticket for failure to stop at a stop sign. By mail, I sent in the bail and a request for trail, pleading not guilty. I found out after the trail, 7/15/03, that they were suppose to give me a waiver to sign because a commisioner was hering the case, not a judge. Since I was unaware of this and they didn't advise me of my right to a trail by a judge. Can I file a motion to set aside the judgment or ?????? to reverse this judgment ??????

or what should/can I do??????

Thanks

Ed


Asked on 8/27/03, 6:35 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Civil Rights Violation?

It has been many years since a person was willing to pay more for his defense than the ticket would cost. At that time a Comissoner had original jurisdiction over trials for infractions. That is you do not have the right to a hearing before a judge.

You should check Nolo Press publication How to Fight Your Traffic Ticket. This book should give you the latest information regarding your question.

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Answered on 8/28/03, 2:56 am


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