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  1. #1
    Join Date
    Oct 2008
    Posts
    15

    Post Traffic Court Not Following California Rules of Court, Any Motions to Dismiss/Compel

    My question involves court procedures for the state of: California.

    I received an unsafe lane change ticket in the State of California, county of Los Angeles.

    1) I proceeded to file a MOTION FOR CHANGE OF VENUE (it was clearly requested originally to the officer at time of stop) - it was GRANTED and case moved to new court local to me

    2) Received a mailer requesting me to CONTACT THE COURT BY XX date

    3) I sent a request in the following format to the court to provide me with TRIAL BY DECLARATION:

    To Whom It May Concern:
    Per Vehicle Code section 40902(a) and Rule of Court 4.210(b)(2), I am hereby
    requesting a trial by written declaration.
    Per said rule, I expect to receive from you my appearance date along with forms TR-
    200 and TR-205. You may mail them to my address found above.
    Please also include a statement as to the amount of bail so that, per Vehicle Code
    section 40902(b) and Rule of Court 4.210(b)( 4), I may enclose it with my TR-205.
    Thank you for your assistance in this matter.
    Vehicle Code section 40902(a)'
    40902. (a) (1) The court , pursuant to this section, shall, by rule, provide that the defendant may elect to have a trial by written declaration upon any alleged infraction, as charged by the citing officer, involving a violation of this code or any local ordinance adopted pursuant to this code, other than an infraction cited pursuant to Article 2 (commencing with Section 23152) of Chapter 12 of Division 11.

    (2) The Judicial Council may adopt rules and forms governing trials by declaration in accordance with this section. Any rule or form adopted by the Judicial Council pursuant to this paragraph shall supersede any local rule of a court adopted pursuant to paragraph (1).

    Rule of Court 4.210(b)( 4)
    (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.

    (4)Bail

    The defendant must deposit bail with the clerk by the appearance date indicated on the Notice to Appear or the extended due date as provided in (2).

    Any help is appreciated, I have to respond to the court ASAP via mail on this matter. They are requesting me to "SUBMIT BAIL IMMEDIATELY AND THEN WE WILL MAIL YOU TR-205" - which is not following court procedures rules of Court 4.210(b)

    Thanks

  2. #2
    Join Date
    Sep 2010
    Posts
    10,356

    Default Re: Traffic Court Not Following California Rules of Court, Any Motions to Dismiss/Com

    It would help if you explicitly indicate what you're getting your panties in a bunch about in their procedure.
    If you are griping about being asked to submit the bail before getting the TR-205 well here: http://www.courts.ca.gov/documents/tr205.pdf

    Now submit it and your bail and move on.

  3. #3
    Join Date
    Oct 2008
    Posts
    15

    Default Re: Traffic Court Not Following California Rules of Court, Any Motions to Dismiss/Com

    Quote Quoting flyingron
    View Post
    It would help if you explicitly indicate what you're getting your panties in a bunch about in their procedure.
    If you are griping about being asked to submit the bail before getting the TR-205 well here: http://www.courts.ca.gov/documents/tr205.pdf

    Now submit it and your bail and move on.
    I want my 25 day extension they must provide when granting traffic school and mailing me TR-205. If I just mail in the form with payment itself I won't get the extension and I will not have enough time to get a reply to my DISCOVERY request to fully fight it via mail.

  4. #4
    Join Date
    May 2011
    Posts
    638

    Default Re: Traffic Court Not Following California Rules of Court, Any Motions to Dismiss/Com

    I agree with Flyingron. I don't know California law well, but some of these things go way back. Bail is what you pay to assure appearance. If you want a different venue, or to plead not guilty, or to delay trial, you put up bail. If you win your case it's refunded.

    My experience with traffic tickets is that bail is the amount on the citation. You can send it in and plead for mercy for a number of reasons including a good driving record or poverty and if the judge agrees you'll get some or all of it back. If you want a trial you put up the bail and if you win it's refunded.

    Bail is included in your "first appearance" which may be a request for change of venue, a plea of not guilty or whatever you do.

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