Legal Question in Traffic Law in California

Re: speeding ticket

There is a California case that says there cannot be a policy of denying traffic school merely because you chose to exercise your right to a trial. People v. Wozniak 197 Cal.App.3d Supp. 43.

Also, the California Rules of Court, Rule 4.104(c)(3) states the rule that a person cannot be denied traffic school merely because he pled not guilty and went to trial.

Re: speeding ticket

In CA, the Commissioner has discretion on whether to allow a person to attend traffic school upon finding the person guilty after trial. [See California Rules of Court, Rule 4.104(c)] This rule was amended in 2007 to conform to case law and specifically make clear that the court may not arbitrarily refuse to consider a request for traffic school merely because a defendant pleads not guilty and goes to trial. I have been a temporary traffic court judge, and I will usually allowed it after trial if the person is otherwise eligible. But some Commissioners rarely allow it after trial. Generally, on the day of the trial, the Commissioner will inform everyone before hearing the cases as to his/her particular policy about allowing traffic school after trial. At that time, the Commissioner will usually give everyone who is qualified another chance to elect traffic school rather than go forward with a trial and leave it up to the court's discretion after trial. But remember, the court cannot arbitrarily refuse traffic school requests after trial. However, also realize that the court need not give any reason for his/her decision, so it becomes hard to tell if the court was acting arbitrarily or not.