Currently online on http://www.lacourt.org i am eligible to pay my fine and go to traffic school....but i want to plead not guilty first so i can go to trial. if by chance on trial i am found guilty will i loose my traffc school eligibility? i read online that ones i am offered traffic school then they cannot take it back.... HELP? California Rule of Court 4.104(c)(2):
A defendant who is otherwise eligible for traffic violator school is not made ineligible by entering a plea other than guilty or by exercising his or her right to trial.
You are not ineligible, per CRC 4.104, but that does not mean the judge has to make it available to you. The judge has discretion to allow you to take traffic school or not.
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It will be up to the trial judge if you can have traffic school after being found guilty. If the copy shows up, you still have the right for traffic school before the case is called for hearing. So you can plead not guilty, appear in court, see if the cop is there, and then decide if you want to risk the trial and possibly being found guilty and not able to do traffic school or opting for traffic school before the trial starts.
Seems like a duplicate post. Quit pretneding to be a lawyer. After a trial, traffic school is discretionary. Period.
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