40519(b): Written Not Guilty Plea issues – letter 1
Sometimes, the court makes a mistake and doesn’t accept your Written Not Guilty plea. Or, they adopt some whacky local rule which says all court appearances are mandatory. It’s rubbish. 40519(b) specifies NO EXCEPTIONS. Read it for yourself.
The only California Vehicle Code violation in which a defendant is not entitled to submit a Written Not Guilty plea is a CVC 23152 – Driving Under Influence of Alcohol or Drugs. If you weren’t drunk or stoned and cited for 23152, then the court is mistaken and you have the right to submit a Written Not Guilty plea.
Directions: Copy the text below and paste it into a word processing program like Microsoft Word. Make sure you replace all relevant information with your own information. Then, print it out and take it down to the court. Make sure somone reads it in front of you. You should stay at the counter until someone puts a TR205 into your hands, or an explanation (in writing) as to why you are not entitled to submit a Written Not Guilty plea.
If the clerk gives you static, ask to talk to a judge. Show him this letter. Whatever you do, don’t give the judge any lip. Show him the respect of his (or her) office. Remember: judges can throw you in jail if you look at them the wrong way. Save your issues with authority figures for your next trip home.
Bring a book.
STATEMENT OF FACTS
TO: Traffic Court Clerk
[fill in the court’s address here]
From: [Fill in your name,]
[your full address]
In regards to: Written Not Guilty Plea for Citation # [put citation number here]
Dear Court Clerk:
On [DATE], I received a traffic ticket, citation # [CITATION NUMBER]. On [DATE], I sent to the court my written not guilty plea, a request for a trial by written declaration, and the full bail amount of my citation.
On [DATE], I received a call from the court. The clerk explained that the form I sent to the court was somehow confusing. Further, the person on the phone said I would be required to come in to court to enter my plea in person.
Section 40519(b) of the California Vehicle Code SPECIFICALLY ALLOWS ME TO ENTER A NOT GUILTY PLEA BY MAIL. If the court intends to violate section 40519(b) of the California Vehicle Code and deny me my right to enter a guilty plea by mail, PLEASE PUT THIS DENIAL IN WRITING. Please also include the court’s reasoning why section 40519(b) of the California Vehicle Code does not apply in my case.
Sincerely,
[Signature]
[NAME]