They Extended My Hearing Date After Receving My Written Declaration Request

[wallman]

My question involves a speeding ticket from the State of: California.

I'm trying to fight a 22349(a) in CA.

My initial action was due first week in December. I responded requesting trial by written declaration. From what I can tell they set my initial action date forward a month without my approval. Can they keep doing this?

My impression was that once they received my request, they'd send the declaration form and give me and the officer a month to respond.

Thanks for any info.

[That Guy]

My initial action was due first week in December. I responded requesting trial by written declaration. From what I can tell they set my initial action date forward a month without my approval. Can they keep doing this?

Can you clarify by posting specific dates?

BTW, most courts require that you post the bail amount along with your request for your TBD. If you didn't do that, they may have extended the due date to give you additional time to post bail rather than outright reject your TBD request.

Here are the California Rules of Court. Click on Title Four... and read the rules re Trial By Declaration.

[wallman]

I did pay the bail. The date was Dec. 2nd and extended to Jan. 4. They received my request on Nov. 30.

Reading the rules, it says they must extend appearance 25 days. In this case they tacked on a week. It's also possible they mailed the forms and I haven't received them yet.

Not sure what's in my best interest. Should I just wait a week?

[HonkingAntelope]

I did pay the bail. The date was Dec. 2nd and extended to Jan. 4. They received my request on Nov. 30.

Reading the rules, it says they must extend appearance 25 days. In this case they tacked on a week. It's also possible they mailed the forms and I haven't received them yet.

Not sure what's in my best interest. Should I just wait a week?

pay particular attention to part(c) of rule 4.210:

(c) Due dates and time limits

Due dates and time limits must be as stated in this rule, unless changed or extended by the court. The court may extend any date, but the court need not state the reasons for granting or denying an extension on the record or in the minutes.

(Subd (c) amended effective January 1, 2007.)

[That Guy]

I did pay the bail. The date was Dec. 2nd and extended to Jan. 4. They received my request on Nov. 30.

OK... So the initial arraignement date was set to December 2nd, you submitted a request for TBD which was received on November 30, and they gave you until January 4 to submit your declaration!

So yes, I agree that they went past the 25 days mentioned in the court rules, however, HonkingAntelope posted the Rule that allows them to go past that 25 day period.

Not sure if you're wondering about the 45 day speedy trial reqirement; that does not apply to the TBD process. In fact, that entire process, from the date that you request the TBD to the date that you receive your "Notice of Decision" will usually take anywhere from 60 days to 90 days, well past the 45 day statutory period which applies to an in court trial.