Legal Question in Appeals and Writs in California

DA appeals my not guilty decision - riding bicycle without light

While riding on UC Davis campus core area at night my headlight was

disabled for about 15 seconds due to the shock of riding over a branch. A policeman saw this and cited me for riding without a light, a $235 fine. I argued that the place I was riding is not a highway (light

only required on a highway which is

defined as open to the public for vehicular traffic & bikes aren't defined as vehicles in the vehicle code. Since the core area is only open to public vehicles on a restricted basis and all entrances have barrier gates requiring key codes I was not on a highway. The judge agreed but the DA is appealing saying case law disproves my defense. Is the DA required to disclose their case law or reasoning to me prior to the appelate court hearing ? So far they haven't and the hearing is in 3 weeks. Also could the DA or UC fear a class action suit since, according to a court clerk, many no light tickets are given in the core area and most are paid ?


Asked on 11/14/07, 2:40 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Re: DA appeals my not guilty decision - riding bicycle without light

If you were given a traffic citation and the DA appealed, it would appear that their appeal is to the Appellate Division of the Superior Court. If it is not, it is not clear whether your question concerns an administrative appeal through your campus police.

If the appeal is in the Appellate Division of the Superior Court, the appealing party should have filed an opening brief after the record was filed. A copy of this opening brief should have been served on you. If it was not, you need to get in contact with the Appellate Division, and get a copy of that. Your brief would respond to that brief, and his legal argument should be in that brief.

Very truly yours,

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Answered on 11/14/07, 3:20 pm


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