Schindler

Pursuant to rule 62, California Rules of Court, we transferred this matter from the appellate department of the superior court in order to settle an important question of law. (1) Contrary to the appellate department, we conclude that after convicting a defendant of a traffic infraction the trial court is not required to state its reasons for denying the defendant’s request for traffic school. (Veh. Code, § 42005.) We affirm the judgment of the municipal court.

Facts

Defendant and appellant Caryn Schindler was cited for speeding at 76 miles per hour on the freeway, in violation of section 22349 which sets the maximum speed at 55 miles per hour.

At the arraignment the trial court advised that if prior to trial, a defendant pleaded guilty subject to being granted traffic school, the court would grant traffic school.

The court further advised that if a defendant was convicted after trial, the granting of traffic school was an alternative sentence within the discretion of the court, that the court might or might not grant traffic school and need not give a reason for granting or not granting traffic school. The court stated that a request for traffic school would be…