Requesting an Officer's Statement After Losing TBWD

[Raider_83]

My question involves a speeding ticket from the State of: CA

for violation of CVC 22349a. I have lost my TBWD. I received my request for trial de novo.

Q1: I'm pretty sure I have to be in court in person for the trial de novo but just wanted to confirm that I cannot do a 2nd TBWD for my trial de novo.

Q2: On other threads by That_Guy, he advised obtaining the officer's statement or written declaration before the trial de novo but my question is how do I go about getting that info? Do I serve an informal discovery request to the DA at the courthouse that I am assigned to? Or can I just goto je courthouse and ask the clerk to get a copy of the info?

I am planning on the info on www.helpigotaticket.com website to prepare for the trial. Most likely the only way for me to win this will be through motion for dismissal based on maybe inaccurate testimonial from the officer (if he shows) compared to his written declaration. Or dismissal based on the checklist.

Please advise and thank you very much for your time. Especially mr. That_Guy.

[That Guy]

Q1: I'm pretty sure I have to be in court in person for the trial de novo but just wanted to confirm that I cannot do a 2nd TBWD for my trial de novo.

You have to appear in court fot a trial de novo.

Q2: On other threads by That_Guy, he advised obtaining the officer's statement or written declaration before the trial de novo but my question is how do I go about getting that info? Do I serve an informal discovery request to the DA at the courthouse that I am assigned to? Or can I just goto je courthouse and ask the clerk to get a copy of the info?

You can simply request a copy of the officer's declaration from the traffic clerk. No discovery request is needed.

Good luck!

[Raider_83]

Thank you sir. You are most helpful, i appreciate all the time you put into this forum to help us out.

[Raider_83]

Hello Mr. That guy,

Is it possible at this point, now that I have been granted a trial de novo to ask for either 1) an extension on the trial date or 2) trial location change?

The ticket was issued by a CHP officer in Orange county so the superior court of newport beach is in charge. Our court date is set for 11/30/2009.

Thanks

[That Guy]

Thank you sir. You are most helpful, i appreciate all the time you put into this forum to help us out.

Not a problem, glad I can help.

Hello Mr. That guy

Please drop the "Mr."...

Is it possible at this point, now that I have been granted a trial de novo to ask for either 1) an extension on the trial date or

From what I understand, that is possible, however, you must request that in writing. Why? Because when you requested your trial de novo, the court must schedule your trial date within 45 days of your request. By you asking for an extension, you are thereby allowing the court to schedule your trial date past the statutory 45 days period thereby waiving your right to a "speedy trial". So they want it in writing.

trial location change?

Too late for that. Your case was filed with and will continue through the same court where it was filed and where your TBD was adjudicated. Usually, you can request a "change of venue" (court location) at the time the citation is issued (when you were stopped and cited by the officer).