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If minor traffic infractions are deemed as 'criminal matters', although Legislature and Appellate Ct says they are non-criminal,

Bakersfield, CA |

HOW does one go about filing a Motion for Reconsideration after trial when the ONLY provisional code is 'civil' ? As the courts then have the option of denying simply by stating Traffic is criminal in nature, therefore civil code (1008 or 663) requests are not applicable, as my court has done in past. And I find no Penal Code section addressing the issue. So under what 'authority' is this motion made? Yes, this is regarding the Mojave traffic trial on May 9.

Attorney Answers 3


  1. What you are seeking is a new trial, right? Make that motion.


  2. A motion for new trial as to a traffic ticket? Understand that most courts resent and disapprove of the fact that there is ANY right to ANY trial at all in a traffic ticket matter. The prospects of a successful motion for a new second trial for a ticket are exceedingly small. You would be wise to consult a skilled and experienced traffic ticket specialist in this matter before proceeding.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.


  3. Ms. McCall is correct. The chances of getting a new trial are slim - a different verdict - slimmer. Get an attorney .

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