My question involves traffic court in the State of: California. My spouse was cited for driving 80 MPH in a 65 area in Stockton. Her court appearance date was set for 4/5/2012. On 3/29/2012, the following was mailed to the San Joaquin court:
-A written request pleading not guilty, waving arraignment, and requesting a trial by written declaration.
-A check for the full bail amount as stated on the courtesy notice.
These items were sent via certified mail, with a signed receipt from the clerk dated 4/2. Furthermore, we have a copy of the cashed check from the court. However, we don't have any response from the court of any other kind.
I stumbled across this today: http://www.courtinfo.ca.gov/cms/rule...nkid=rule4_210 , specifically rule 4.210.b.2:
(2)Extending due date
If the clerk receives the defendant's written request for a trial by written declaration by the appearance date indicated on the Notice to Appear, the clerk must, within 15 calendar days after receiving the defendant's written request, extend the appearance date 25 calendar days and must give or mail notice to the defendant of the extended due date on the Request for Trial by Written Declaration (form TR-205) with a copy of the Instructions to Defendant (form TR-200) and any other required forms.
As every rule has been followed to a T on our end, do we have a case for dismissal?