I went 30MPH over the speed limit and am not eligible for traffic school (25MPH over is the max for traffic school eligibility). I received a citation for 22405(a) -- Unsafe speed on bridge.
It seemed like I can request a trial through the clerk and ask the judge for permission to attend traffic school. What's the easiest way to do this? Also, what tips do you have to succeed?
You already know you're not eligible, so even if he can, why do you think the judge would make an exception for you? The only way I see this even remotely being a possibility is with a top-notch traffic citation attorney. Do a search on AVVO (there are tons in your area) and start making some calls
Request an arraignment. At arraignment ask if judge would grant traffic school if you plead guilty/no contest. If the answer is yes, grab it. If it's no, then set trial. You have nothing to lose. Or hire an attorney to do all of this for you.
Best of luck.
You are NOT ineligible for traffic school because you were doing more than 25 mph over the speed limit. The law says the court clerk can't grant traffic school under these circumstances, but the judge is not prohibited from doing it.
Unfortunately many lawyers and judges don't understand this, so they give up without trying. The trick is knowing how to respectfully inform the judge he or she has misunderstood the law for years, then convincing the judge to grant traffic school based on the circumstances of your case.
That is probably best handled by a lawyer who is respected by the courts in your area and knows how to do it gently and respectfully, without offending the judge.
This answer is a general discussion of legal principles by a California lawyer. It does not create an attorney-client relationship. Free initial consultation applies only to individuals with current or potential criminal charges in Butte County, California and adjoining counties.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline