Trial by Written still requires bail

[Mr Pepsi]

I was under the impression, California just passed a law that makes it legal for a defendant to claim not guilty, or submit a trial by written declaration, without being required to submit the bail. Is that not the case?
Is there an actual law someone can reference? I have read news articles about it being signed into law. ticketassasins talks about it.

http://www.mercurynews.com/california/ci_28277488/california-changes-rules-traffic-ticket-fines

http://napavalleyregister.com/news/...cle_1bf733f3-6c8b-5aa5-af8d-3f87d99af0fc.html

However those are only news articles, not an actual law or CVC.

Am I misinformed?

 

[bojangle]

You linked the same article twice. 40902 (b) CVC specifically requires the bail to be paid at the time of submitting a written TBD. Nothing in the article you linked said they were changing the law for TBD. It only said they voted in a new procedure requiring all counties to comply with not requiring bail to be paid prior to contesting a citation in court (as opposed to TBD).

Many (most?) county courthouses already had policies of not collecting bail prior to contesting a citation in court, but apparently some courts were making this a requirement. I wasn't even aware of that prior to this coming out in the news. I always thought payment of bail up front was only required by written TBD, but not for contesting in court. This change just brings courts in all counties on the same page in that regard. I don't think it was legislation to change the requirements of 40902 (b) VC.

 

[Mr Pepsi]

Sorry I fixed the second linked article

So my mistake was thinking this related to TBD which it does not?

 

[sprorchid]

my research leads me to conclude it is not related to TWD. time will tell.

 

[weasel]

I had to send a check in with my TWD...And I lost

If you win they send you a refund.

 

[packnrat]

I had to send a check in with my TWD...And I lost

If you win they send you a refund.

do you get fair market interest while the courts are holding your money hostage?


.

 

[storm]

In SF, you can get your face time with a traffic judge without tendering bail by asking for an arraignment hearing, something like this.

For me, not necessarily intending to fight my "performance award" so much as lesson the financial hit, was an expedient alternative route. One appearance, judge basically offers a " deal" to me and all the other humps like me in like situations - out the door in 10 minutes paying $160 and agreement to do traffic school [did that online in, like, 10 minutes for $25]on a $400 ticket.

fwiw

 

[NorCalBusa]

do you get fair market interest while the courts are holding your money hostage?

.

You'd need a calculator with a LOT of decimal places to figure that amount...