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Appealing a Traffic Case
When you make a traffic violation (or receive a ticket for a supposed violation), you will face a traffic case. In California, after receiving a traffic ticket there is a date for you to appear at a hearing, at which time you can plead guilty or not guilty. Most traffic violations just require paying a fine, but in some cases a person may choose to plead not guilty and have a trial. However, if the trial results in a guilty verdict, there is possibility for appealing the case.
How Do Appeals Work?
Not every single guilty verdict from traffic court can be appealed. An appeal is not because you did not like the end result, but rather because the original trial contained a legal mistake, which then consequentially changed the outcome of your case. Therefore, the appellate court examines the original case in order to determine if the legal mistake did occur. Since it’s an examination of the previous trial, an appeal does not allow for new witnesses or evidence to be introduced. To move forward with an appeal, you must file a Notice of Appeal in order for it to be considered by the appellate court.
Outcome of the Appeal
An important note is that if the deadline for traffic violation fine falls prior to the appellate verdict, you have to receive a stay of the original judgement in order to not pay it. Regardless of whether you have a lawyer (it is recommended that you do) the appeals case will include making statements, briefs, and presenting oral arguments. Both you and the prosecution will provide the aforementioned. Once the appellate court has reached its final verdict, you will be informed of the decision.
