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Old 02-14-2019, 10:19 PM   #1
Curt
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SF Superior Court TBWD: not guilty vs. dismissed

Just got results of a TBWD back for speeding CVC 22350, results: Not Guilty.

The options were: guilty, not-guilty, dismissed.

However, dismissed was not checked and I did not receive the statement from plaintiff. Does this mean it was never submitted? In that case I'd think it'd have dismissed checked off and not, not-guilty.

Anyone know how SF Superior Court marks not-guilty vs. dismissed? Also would it be possible to get a copy of plaintiff statement if available

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Last edited by Curt; 02-14-2019 at 10:26 PM..
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Old 02-15-2019, 12:20 AM   #2
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If this is a traffic ticket, then there isn't a plaintiff, there is a prosecutor. Very different.

The prosecution does not make a statement. They present evidence such as witness statements such as the officer that cited you.

I doubt you can get a copy of what was stated in the Court because there is no Court Reporter. There may or may not be witness statements presented in Court as testimony or as written statements entered as evidence.

Since you did trial by written declaration, the trial is all on paper.

The only way to get any more info, go to that Court and ask the clerk to see the file and see what is there.

Not sure why it matters. Not guilty is better than dismissed, IMO
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Old 02-15-2019, 12:31 AM   #3
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If this is a traffic ticket, then there isn't a plaintiff, there is a prosecutor. Very different.

The prosecution does not make a statement. They present evidence such as witness statements such as the officer that cited you.

I doubt you can get a copy of what was stated in the Court because there is no Court Reporter. There may or may not be witness statements presented in Court as testimony or as written statements entered as evidence.

Since you did trial by written declaration, the trial is all on paper.

The only way to get any more info, go to that Court and ask the clerk to see the file and see what is there.

Not sure why it matters. Not guilty is better than dismissed, IMO
Yeah I'm just curious if the other party submitted any evidence or if I won from my case
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Old 02-15-2019, 04:07 AM   #4
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Yeah I'm just curious if the other party submitted any evidence or if I won from my case
Like stated above, there is no plaintiff. The state was prosecuting you for a crime. In a TBWD, the officer who cited you is prosecuting for the state.

I'd say dismissed would be for such things like the officer did not respond, so the court dismissed for a lack of prosecution. Or, it could be something like the officer somehow realizing, after the fact, that the citation was issued in error, and the violation did not actually occur. They could request the court dismiss the citation. Or maybe the court finds that you did, in fact, commit a violation, but due to the circumstances they are deciding to dismiss the charge in the interest of justice. I've seen this happen in court.

In fact, I remember a time it happened to me. I stopped a vehicle in a well lit downtown area for a driver with no lights during darkness. I usually don't cite for that, but the driver gave me such an attitude that I formed the belief that a warning simply wouldn't fix the problem. So he got an attitude cite. He took it to court and he couldn't even keep his cool in front of the judge. The judge commented how he could understand why the officer had cited the guy. He found that the guy did, in fact, violate the law, but he dismissed the charge in the interest of justice.

Not guilty means the court weighed the evidence and written testimony and decided that you were not guilty of the offense, or that reasonable doubt existed as to guilt. I would assume that means the officer did reply to the TBWD. The results are the same, but I agree, not guilty is better than dismissed. You won. I wouldn't worry about it.
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Old 02-15-2019, 09:54 AM   #5
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huge sigh of relief then and surprised I got off on a 15+ over 30 especially if officer responded
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Old 02-15-2019, 01:13 PM   #6
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Plus when you ask the court for all that crap after getting off, they assign 0.5 points to your DL for the hassle.
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Old 02-15-2019, 02:44 PM   #7
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Plus when you ask the court for all that crap after getting off, they assign 0.5 points to your DL for the hassle.

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Old 02-15-2019, 03:25 PM   #8
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huge sigh of relief then and surprised I got off on a 15+ over 30 especially if officer responded
It is also possible that the officer did not respond, so the court found not guilty.
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Old 02-16-2019, 06:54 PM   #9
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Plus when you ask the court for all that crap after getting off, they assign 0.5 points to your DL for the hassle.
what about if you have a cdl?
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Old 02-17-2019, 05:35 AM   #10
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I know there are judges in the bay area who will suspend a person's license for a week or 2 if they get a ~90mph ticket, try to fight it, and are found guilty.
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Old 02-17-2019, 12:10 PM   #11
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I know there are judges in the bay area who will suspend a person's license for a week or 2 if they get a ~90mph ticket, try to fight it, and are found guilty.
I know of such a judge also...
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Old 02-17-2019, 04:26 PM   #12
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I know there are judges in the bay area who will suspend a person's license for a week or 2 if they get a ~90mph ticket, try to fight it, and are found guilty.
I don't follow. If one's license is getting a couple weeks on the beach- haven't they (moments before) been found guilty?
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Old 02-17-2019, 04:34 PM   #13
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He's saying that if someone shows up to fight it and is found guilty, they'll get suspended when they wouldn't have been if they just paid it.
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Old 02-17-2019, 07:49 PM   #14
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He's saying that if someone shows up to fight it and is found guilty, they'll get suspended when they wouldn't have been if they just paid it.


101mph code has a stipulation that your license may be suspended for up to 30 days. Nothing in the code says that for under that speed.
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Old 02-17-2019, 08:50 PM   #15
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He's saying that if someone shows up to fight it and is found guilty, they'll get suspended when they wouldn't have been if they just paid it.
Ah- thanks.
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