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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


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

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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.

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Actually this was suggested by an attorney on AVVO who just happened to be at the trial. He suggested only that I Motion for Resideration as the court erred in stating that because I had gone to trial, I was precluded from attending traffic school.. But NO, not requesting new trial. Prev post was on 1538 motion.


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

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