California | Traffic Law
Legal Question
Hello, Regarding A California Traffic Court, Is a person entitled to the right of being seen by a Judge instead of a Commissioner?
I was told that the only difference between the two is that a Judge is elected and a Commissioner is appointed. Otherwise their knowledge and how they get paid are the same. But I was told that I have the right to have someone who the people chose to sit at a bench to make judgements.
There are so many types of courts. Does this apply to traffic courts? I went to court and pleaded "Not Guilty" regarding a no seat belt ticket. I also requested a change of venue to a court that has a Judge. The Commissioner declined my change of venue request. I believe that he said that I do not have the right to a Judge in traffic court.
Thank you for reading my question.
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Legal Answer
California law gives jurisdiction over traffic violations to commissioners, have eliminated the right to a jury trial.
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Lyle W. Johnson Attorney at Law 152 N. Third Street, Suite 510 San Jose, CA 95112
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