Non-camera enforced 21453(a) ticket

Asked over 2 years ago - Irvine, CA

So I got a $533 21453(a) ticket for not stopping at a solid red to turn right on. So, ok I'll be honest, I completely blew past the red light because there was absolutely no traffic at all. It was during the afternoon when it was clear. I've been doing some homework and need some advice on what paperwork I'm going to file. I've been reading up on filing a Written Not Guilty Plea and also requesting a Trial by Written Declaration, and after they will send me a TR-205. If they still haven't dismissed my case then I have to show up on court and contest my Trial by Written Declaration, and then if THAT doesn't work then I can ask for a Trial de Novo?! They have given me the option to go to Traffic school, but when in the process do I have to pay the fine?! Thank you so much!!

Attorney answers (3)

  1. David Jon Pullman

    Contributor Level 19

    3

    Lawyers agree

    Answered . Yes, you have the procedure a little bit off. You can do a trial by declaration. if you lose that you can ask for a trial de novo in court. Or, you can pay the fine and go to traffic school. Good luck to you.

  2. John M. Kaman

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . I believe you both have the procedure off a bit. Either way, trial by declaration or request for traffic school, you pay the fine although it is called bail when you do a trial by declaration. The only way to avoid paying bail is to go down to the courthouse yourself for your arraignment when your appearance date comes up.

  3. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . As my colleagues have indicated you can file a TBD but you are required to pay the bail/fine at the time of filing. If you are found guilty you file a Request for a Trial de Novo. Traffic school will still be available.


    Andrew Roberts

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