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

Asked 11 months ago - 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. Christine C McCall


    Contributor Level 20


    Lawyer agrees

    Answered . 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... more
  2. Andrew Stephen Roberts


    Contributor Level 20

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

  3. Alan James Brinkmeier

    Contributor Level 20

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

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