California Ticket 2815 Failure to Obey Crossing Guard

[justalayman]

Just trying to head off a problem if my thoughts bore out factual. Op, or you, are welcome to check it if you wish. It was just a passing comment for me.

 

[steve1234]

All responses are appreciated and very helpful. Thank you guys for investing your time in helping out a complete stranger. If you have any more thought/input into this thread, please feel free to post it no matter how small. Anything can help me at this point.
And John Sloop D, I do believe the route you recommended for fighting this (aka written, then in person) will be the course of action to take here. I just do not know how. On the back of the ticket I received this is what it says under TBWD:
"Send a certified or registered letter postmarked not later than five days prior to the appearance date or come to the court on or before the appearance date to request a trial by written declaration. Submit the bail amount. You will be given forms to allow you to write a statement and to submit other evidence without appearing in court. An officer will also submit a statement. The judicial officer will consider the evidence and decide the case."

So I am to appear at the court to pick up the document for TBWD? There isn't one online right? And where do I mail this, at the court I was assigned?

P.S. Date 02/14/14 for the court date in case that matters for anything. I received this infraction this week so I was told it might take a month for the ticket to come in the mail.

 

[Sloop John D]

I believe this is the form you'll need: http://www.courts.ca.gov/documents/tr205.pdf

Fill it out and return it to the courthouse where your trial is scheduled. You can also mail it. If you call the court house and speak with one of the clerks, they can give you the proper mailing address. On the whole, court clerks are very helpful for answering any questions you may have about the process.

Some courthouses may also allow you to handle the TBWD completely online through their website, but each courthouse is different so you'll have to check the one mentioned on your ticket.

Instead of writing the declaration directly on the form, I would type it up on a separate page and attach it, that way it looks very neat.

In writing your declaration, you'll want to start with a description of what happened. "On such and such date, I was driving southbound on Main street toward Cross Ave..." Conclude your summary of what transpired with the fact that the officer pulled you over and gave you a ticket for violating Cal. Vehicle Code section 2815. Then copy and paste the language of the statute for the judge, and bold the relevant portions. The judge will appreciate that you gave him a copy of the statute so he doesn't have to go look it up.

After that, give your defense. Point out that the officer was under the impression that you were violating the statute by proceeding before the crossing guard was at the curb. Note that there's nothing in the statute to indicate that is a violation of 2815. Mention that the crossing guard was not giving you any direction at the time you passed through the intersection.

You seem to be a sharp writer, so I don't expect you'll have much trouble writing up the statement. Just be specific with the details so the judge has a clear idea of what went down. "I was stopped at the intersection of Main street and Cross Ave. The crossing guard was on the opposite side of the street, approximately 1 foot from the curb. He was not holding up his sign. He was not giving me any direction." The more specific you can be, the better. Make sure the facts you use will support your argument.

If you like, you can conclude by briefly thanking the court for considering your declaration.

 

[HighwayMan]

The judge will appreciate that you gave him a copy of the statute so he doesn't have to go look it up.

Of course, if the judge is worth his salt he'll look it up anyway and read it for himself. Motorist's and others have been known to make mistakes - intentional or otherwise.

 

[steve1234]

I believe this is the form you'll need: http://www.courts.ca.gov/documents/tr205.pdf

Fill it out and return it to the courthouse where your trial is scheduled. You can also mail it. If you call the court house and speak with one of the clerks, they can give you the proper mailing address. On the whole, court clerks are very helpful for answering any questions you may have about the process.

Some courthouses may also allow you to handle the TBWD completely online through their website, but each courthouse is different so you'll have to check the one mentioned on your ticket.

Instead of writing the declaration directly on the form, I would type it up on a separate page and attach it, that way it looks very neat.

In writing your declaration, you'll want to start with a description of what happened. "On such and such date, I was driving southbound on Main street toward Cross Ave..." Conclude your summary of what transpired with the fact that the officer pulled you over and gave you a ticket for violating Cal. Vehicle Code section 2815. Then copy and paste the language of the statute for the judge, and bold the relevant portions. The judge will appreciate that you gave him a copy of the statute so he doesn't have to go look it up.

After that, give your defense. Point out that the officer was under the impression that you were violating the statute by proceeding before the crossing guard was at the curb. Note that there's nothing in the statute to indicate that is a violation of 2815. Mention that the crossing guard was not giving you any direction at the time you passed through the intersection.

You seem to be a sharp writer, so I don't expect you'll have much trouble writing up the statement. Just be specific with the details so the judge has a clear idea of what went down. "I was stopped at the intersection of Main street and Cross Ave. The crossing guard was on the opposite side of the street, approximately 1 foot from the curb. He was not holding up his sign. He was not giving me any direction." The more specific you can be, the better. Make sure the facts you use will support your argument.

If you like, you can conclude by briefly thanking the court for considering your declaration.

Thanks for looking up the form. What do you think about me actually contacting the crossing guard for his participation? It happened in front of him so perhaps an account of his own would help me?

 

[Sloop John D]

Thanks for looking up the form. What do you think about me actually contacting the crossing guard for his participation? It happened in front of him so perhaps an account of his own would help me?

It seems like a lot of work to me. Do you think he would actually remember the incident?

 

[steve1234]

It seems like a lot of work to me. Do you think he would actually remember the incident?

It seems like its worth a try. I'm sure he remembers it and if he does, how do I proceed? Get his account of what happened? What about his personal information? Do I need his address/phone number? Or is this kind of thing just not done since I cannot actually prove that he's the crossing guard?

 

[mseunice83]

I know this is an old post but I would like to know what your outcome was. I am currently in the process of researching my TBWD.

 

[steve1234]

Well I ended up doing the trial by written declaration and a few weeks later I got the judges reply in the mail saying that I lost. No reason was stated as to why and I could not further fight the ticket since they firmly stated I could only do so with the introduction of new evidence. I was disappointed because I thought that my argument was pretty sound.

 

[FlyingRon]

Well I ended up doing the trial by written declaration and a few weeks later I got the judges reply in the mail saying that I lost. No reason was stated as to why and I could not further fight the ticket since they firmly stated I could only do so with the introduction of new evidence. I was disappointed because I thought that my argument was pretty sound.

No reason is given. Just "You're guilty and bail forfeit." That's why your TDN is a TDN and not an appeal.

 

[Zigner]

In other words, if you lose with the TBWD, you can't appeal, but you CAN ask for a new trial (trial de novo).