Lost TBD Even Though CHP Officer Did Not File a Statement

**Homely** · 04-02-2009, 09:58 AM

My question is related to California, County of Los Angeles, Pomona Courth North. I am new at this and really appreciate your help.

I have a 22349(A) VC citation. I lost the TBD. I have just filed a trial de novo. I took a day off work yesterday and went to court to ask to see the statement from the CHP officer but the clerk said he does not have the information. The clerk said the CHP officer does not have to file a statement for the judge to rule me guilty in a TBD. My first question is does anyone know if this is correct? I would have thought that the case should be dismissed if the CHP did not file a statement.

I kept on asking the clerk if there is a chance that the statement is available elsewhere. He said that I would have to file a supeno to get the information. I have read somewhere on this forum that people said do not file a supeno, but go with an information discovery file to the DA instead. I am sorry if it is a trivia question, but my second question is that what are the key differences between a supeno and an information discovery request, and what are the risk of filing a supeno, or filing both?

Also where may I find out who was the judge that ruled my TBD case?

Thank you so much for your help. This is so stressful as I am not familiar with any of these issues. It is also so scary to go to court or any authority, as they just seem so intimidating. I know that I did not speed and probably should just forget about this ticket as it is just money, but it seems so wrong.

**EWYLTJ** · 04-02-2009, 11:03 AM

Homely,

It IS wrong. This is the system that can charge you with any infraction it likes and then make it so cumbersome for you to defend yourself that most people will likely just give up and pay. Don't give in!! Stand up for your rights!!

After reading your post where you were found guilty and the cop didn't even file a statement, I wonder if anyone can now argue with my position that TBWDs are frequently just rubber stamped "guilty"!

The rip off about this whole situation is that you have a RIGHT to a legitimate TBWD as per CA law, the judge can just squander your rights but stamping it guilty with no evidence against you. The judge can do this because he is insulated from scrutiny. You have no appeal rights where a really bad ruling will be overturned. Instead, you simply get a Trial de Novo. So, in effect, you have been denied your right to a TBWD!! And the judge has no accountability!! If I were you, I'd file a complaint with the senior judicial authority.

It's already bad enough that the DAs position is that there is not prosecution necessary for a traffic infraction, now the State is saying there is no cop necessary!!! This simply becomes a tax!! There is NO JUDICIAL PROCESS here!!!! If you aren't outraged, you should be. Everyone reading this should be outraged.

I hope you file that complaint. Also, make sure you file for your Trial de Novo so your bogus conviction doesn't become permanent.

**Homely** · 04-02-2009, 03:10 PM

Thank you so much for your support, EWYTJ.

So did I go to the right place to get the TBD statement from the CHP? Is there a different place that I should have gone to?

Should I file the supeno like the clerk said to supposedly find out if there is a statement or any other information from the CHP? I was planning to file for an information discovery with the DA today, should I go ahead with that, or will that affect the supeno?

I am not sure who was the judge for my TBWD case, is there a way of finding that out? You mentioned filing a complain, that's another procedure that I need to figure out to understand... It seems so complicated and I am overwhelmed...

Thanks so much for your support. It really helps to get some guidance.

I have a Hyatt Legal plan (like a Metlaw legal insurance) but when this happens, I could not find a lawyer in the plan to go to court with me. It is strange to have that false sense of security, paying for that insurance for years, thinking that if I need it, I would get some help... OK, I'm whinning now, I should stop.

**chuckycheese** · 04-03-2009, 08:53 AM

Absolutely, you entitled to the officer's statement....if he filed a response. Some superior court websites outline the entire TBD procedure and even point that out. The only thing the court can require is a reasonable fee for making a copy for you..(usually 25 cents).

I would suggest that when you go to court, you point out that you were denied the statement. Be sure to have your facts straight as far as when you tried to get it and, by all means, have the name of the clerk who told you you couldn't have it.

A lot of those clerks are just, plain stupid. I prevailed in a traffic case several years ago and the idiotic clerk charged me a $10 "administrative fee" even though I was found not guilty. I wrote to my state assemblyman and about a month later, I received a check from the court in the amount of $10.

Further, I'd suggest you try to get it again and write down the names of everyone who turns you down. If you do get it, it's very important to see if it was filed by the due date. If none was filed, that's important, too, because it means the state's witness did not testify against you. Let us know how you come out!

**Homely** · 04-03-2009, 02:14 PM

Thank you, ChuckyCheese.

I did take note of the name of the clerk who said that there was no CHP officer statement in my TBD case. I will try to go back to court on Monday and try again.

I also just sent away the request for Information Discovery today.

I have taken the advices from some other posts here and ordered the Nolo book - which should arrive sometimes next week.

It seems hard to fight a 22349(A) case though, I don't have any evidence other than knowing that I never drive that fast. Against an officer, even though he made up the speed, it seems like a no win battle for me.

I will keep you posted.

**chuckycheese** · 04-03-2009, 03:07 PM

I guess I misunderstood your first post. I thought you didn't know whether the officer had filed a response. As EWYLTJ said, if no response was filed, that's a very interesting situation. Normally, you would have automatically been found not guilty if there was no response filed by the due date. (You were required by the court to respond by the due and AND so was the officer.)

I'm eager to hear what happens when you get to court...especially if no response was submitted and the officer shows up. (If no response was filed, my guess is that he won't.) By all means, let us know!

**EWYLTJ** · 04-03-2009, 03:19 PM

I'm afraid the officer's failure to submit a statement will be irrelevant in a trial de novo. It is a NEW trial... not a continuation or appeal. Anything that happened in the TBWD has nothing to do with the TDN.

**chuckycheese** · 04-03-2009, 04:02 PM

That's true! For that reason, I would ask that the matter be dismissed before any evidence is presented..that is, if no response was submitted or if it were submitted late.

It might not work but it worked for me. In my case, the officer submitted his response late. I asked the judge to consider dismissing it as I felt it only fair that we both be held to the same standard. He agreed. Interestingly, the judge was the same one who found me guilty on my TBD. I had considered asking that he recuse himself but I decided to take my chances because he seemed to be very fair minded.

I would use the exact same tactic if a response had been submitted and some half-wit clerk wouldn't let me have a copy of it. I think traffic court is heavily weighed against the defendant but I also think if defendants present clear evidence that they're been 'wronged' in the judicial process...many judges consider that aspect very seriously. Just my opinion!