Where is the Arraignment for Trial De Novo - Incorrect Address on Ticket
My question involves traffic court in the State of: California (County of Santa Clara, CA)
Greetings all.
I got a ticket for violating 22349(a), was going 14mph over the limit. I did a Trial by Written Declaration (in which I requested traffic school if I was found guilty). The verdict came back as guilty, with no option for traffic school. For the record I have a clean record, no speeding violations ever (or rather, 2 prior speeding tickets over a period of 6 years which I fought by mail and won). This is the first time fighting by mail didn't work for me - first time going up against Santa Clara county.
I've just filed for Trial de Novo and they've given me my date.
The officer did enter my address incorrectly (small typo) on the ticket. I read that it was grounds for dismissal at arraignment (http://helpigotaticket.com/stra/paper.html)
I'm not law-savvy, so I'm learning a lot of new jargon, but when is my arraignment? All I got was a piece of paper confirming the date for my trial de novo, but it didn't say anything about an arraignment. What is the process like when I walk in the court? Can someone shed some light? (never been through this before, kinda nervous)
edit: extra info: not sure if this is pertinent, but prior to filing for the trial by written declaration, I called up the court to tell them of the typo in the address for them to correct it so that my mail would actually arrive to me. So on their database system - they have the correct address now.
Thanks in advance!
Re: Where is the Arraignment for Trial De Novo - Incorrect Address on Ticket
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bobf
I'm not law-savvy, so I'm learning a lot of new jargon, but when is my arraignment?
An arraignment is where you plead (guilty, not guilty, no contest), and is followed by a trial if you plead not guilty. Procedural rules for trial by declarations are a slightly shady legal area since TBDs are primary defined by court rules and not by law.However, since you've already been found guilty in your TBD, general consensus is that you have already been arraigned and plead not guilty.
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bobf
The officer did enter my address incorrectly (small typo) on the ticket. I read that it was grounds for dismissal at arraignment.
I'm guessing this is the reason you were asking about the arraignment. Even if you had one, a minor typo like that will NEVER get you a dismissal. You need something major, like an entirely wrong name, blank license plate field, etc. If there are a number of such minor typos, you may be able to use that at trial to cast overall doubt on the officer's powers of observation, but that's about it.
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bobf
What is the process like when I walk in the court? Can someone shed some light? (never been through this before, kinda nervous)
You check in at the door and take a seat. If your officer is not present, your case will most probably dismissed and you'll know soon(er). If he is, you'll go to trial. It is HIGHLY HIGHLY recommended that you sit in on at least one trial before you go to get an idea, preferably with the same judge/commissioner you'll have.
Note that 22349a citations are typically quite difficult to beat if the officer shows up. Go to the court asap (or call if you are very far away) and get a copy of the officer's declaration and any other evidence he submitted. This way you know what you'll face and can form a better defense. You should also read up about discovery and request it for any documents you don't get with the declaration, such as radar/lidar calibration, maintenance records, officer training certificates, etc.
Re: Where is the Arraignment for Trial De Novo - Incorrect Address on Ticket
Will there not be another arraignment for trial de novo because this is technically a new trial, and I could plead differently from what I did with the TBD?
How do I know ahead of time which judge/commissioner I will be standing in front of, and if I sit in early, what will I be looking for specifically? I assume a sense of how the judge decides on the verdict? Totally new here, just wanted to be certain I know what to look for.
How do I get the officer's declaration and any other evidence he submitted (his written rebuttal against my TBD too?) Is this process separate from the discovery process?
In my TBD, I did request for all those details: radar/lidar calibration, maintenance, training, road engineering survey, speed trap, the whole kitchen sink. I did. And was still found guilty. Honestly my TBD was kinda long and request for all sorts of proof. I'm wondering what are the odds the officer went and got all that info, wrote it up and a judge read my entire letter, then the officer's entire letter, then determined I was guilty?
I did nothing to stand out during the traffic stop for him to specifically reserve some space in his memory just to remember me very well. He stopped me, gave me a ticket, wham bam thank you maam, and I was off on my way and he was off to get another guy - cookie cutter conveyor belt style.
Thank you!
Re: Where is the Arraignment for Trial De Novo - Incorrect Address on Ticket
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bobf
Will there not be another arraignment for trial de novo because this is technically a new trial, and I could plead differently from what I did with the TBD?
No, by law new trials (in regular civil and criminal cases too) do not include a new arraignment. You can of course ask to change your plea, and the court may allow it (usually to take traffic school), but it's not an arraignment.
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How do I know ahead of time which judge/commissioner I will be standing in front of, and if I sit in early, what will I be looking for specifically? I assume a sense of how the judge decides on the verdict?
Which Santa Clara courthouse and courtroom number are we talking about? Specific judges/commissioners are usually "permanently" assigned to specific courtrooms. You can also just ask the clerk which courtroom/judge it will be but they may not know until a few days before trial.
If you sit in early (as in at least a DAY before), you're looking to see how the judge deals with trials and what the officers are usually like (CHP or local, as the case may be for you). See how patient the judge is with defendants, if he gives them a proper chance to speak up and be considered, whether he proactively asks questions of the officer, how many officers are a show/no-show, etc. 22349a cases are very common so you should see at least one when you go. I recommend going exactly a week before at your assigned time.
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How do I get the officer's declaration and any other evidence he submitted (his written rebuttal against my TBD too?) Is this process separate from the discovery process?
Yes, you just request these from the court clerk. They may charge you a copying fee of 50c/page.
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In my TBD, I did request for all those details: radar/lidar calibration, maintenance, training, road engineering survey, speed trap, the whole kitchen sink. I did. And was still found guilty. Honestly my TBD was kinda long and request for all sorts of proof. I'm wondering what are the odds the officer went and got all that info, wrote it up and a judge read my entire letter, then the officer's entire letter, then determined I was guilty?
A TBD is not the place to do all that! Even if it was, a judge/commissioner typically won't give your declaration too much consideration if the officer submitted a properly written one.
Re: Where is the Arraignment for Trial De Novo - Incorrect Address on Ticket
good to know - thanks for the advice! :)
Re: Where is the Arraignment for Trial De Novo - Incorrect Address on Ticket
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quirkyquark
I'm guessing this is the reason you were asking about the arraignment. Even if you had one, a minor typo like that will NEVER get you a dismissal. You need something major, like an entirely wrong name, blank license plate field, etc. If there are a number of such minor typos, you may be able to use that at trial to cast overall doubt on the officer's powers of observation, but that's about it.
Slight aside since it's pertinent to this specific code, would calling the driver the registered owner (the registered owner is my father) when the driver is not the registered owner be considered a major error? ...and yes, the officer did ask and yes, I did say that I was not the registered owner.
Re: Where is the Arraignment for Trial De Novo - Incorrect Address on Ticket
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California student
Slight aside since it's pertinent to this specific code, would calling the driver the registered owner (the registered owner is my father) when the driver is not the registered owner be considered a major error? ...and yes, the officer did ask and yes, I did say that I was not the registered owner.
With the exception of "numerous errors", as Quirky suggested, you can easily establish whether the error/typo can result in a dismissal by asking one of two questions (or both):
How much of an impact will it have on my ability to defend myself? And
How much of an impact does it have on whether the offense was committed or not?
So in answer to your question re the registered owner as listed on the citation.... and unless you can justify a different answer, I got "zero" effect for both!
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bobf
In my TBD, I did request for all those details: radar/lidar calibration, maintenance, training, road engineering survey, speed trap, the whole kitchen sink.
You asked for too much... And then some items that either do not exist or are not required for the violation you were cited for. Of course I'm kidding by including the kitchen sink, as for the other two underlined items, there is no requirement to conduct or produce a valid survey to prove you were guilty of exceeding the speed limit, only a speed measurement. Also speed trap provisions do not apply for 22349 violations.
That is one angle... The other angle is by requesting those two items you gave then a clear indication that you don't understand the basis for the violation you were cited for and accordingly (this probably had a huge impact on the judge's decision too), you're not likely to have that strong of a defense. Then add in what quirky stated about 22349 citations being inherently difficult to beat, and typically, you'e only hope of winning is through a dismissal because the office didn't show up.
I'm not trying to discourage you... Only trying to help put your expectations at the proper level!
Good luck!
Re: Where is the Arraignment for Trial De Novo - Incorrect Address on Ticket
I completely understand and appreciate your honesty :) I definitely want to be in touch with a dose of reality.
Ok, so perhaps time for some damage control! Given my situation: guilty of 22349 by TBD (14mph over), clean driving record (until now), requested trial de novo ... what is the best least damaging option for me? Clearly getting a not-guilty verdict is best, but if I have no defense (other than officer not showing up), what is my next best option? How can I possibly try to get traffic school? I would go to traffic school over getting a guilty verdict (punishment from insurance would be terrible).
As for the things in my TBD I brought up, here's a list, I'd be curious to know which hold water and which don't. I thought they all did!
CVC 21753 Yielding for Passing - I was momentarily speeding up to yield another driver that was speeding/tailgating me.
CVC 22350 Basic Speed Law - conditions were safe for me to momentarily accelerate
Section (b) of Speed Law Violations, CVC 22351 "establishing by competent evidence .. speed in excess .. did not constitute a violation" - conditions were safe for me to momentary accelerate to avoid the dangerous situation with the speeding tailgater
CVC 22400 Min. Speed Law - not safe to drive slower than average
Also, I requested for:
* proof of distance between lidar unit and my car when measurement was taken to make sure it was under the maximum range the manufacturer considers functional
* proof that officer checked for possible external interference when using the lidar
* proof that the reading was from my car not the tailgater's car
* proof that lidar was tested before citation and after citation (device must be accurate before and after readings)
* Mentioned "California vs. Kruger, Pantos, Payne"
* CVC40802(c)(1)(A) + CVC40802(c)(1)(B) proof of officer's radar operator course by POST
* proof CVC40802(c)(1)(D) device calibrated to NTHSA standards
* CVC 40802(a)(2) + 40803(b) + 40805 illegal speed trap
Re: Where is the Arraignment for Trial De Novo - Incorrect Address on Ticket
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bobf
I definitely want to be in touch with a dose of reality.
You're a rare breed around here...
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bobf
Ok, so perhaps time for some damage control! Given my situation: guilty of 22349 by TBD (14mph over), clean driving record (until now), requested trial de novo ... what is the best least damaging option for me? Clearly getting a not-guilty verdict is best, but if I have no defense (other than officer not showing up), what is my next best option? How can I possibly try to get traffic school? I would go to traffic school over getting a guilty verdict (punishment from insurance would be terrible).
You will likely get the opportunity to opt out of trial, plead guilty and take traffic school and the, get a dismissal upon successful and timely completion.
If for whatever reason you are not offerred the opportunity before the judge comes into the courtroom, you might want to ask the clerk if you can make the change, or even ask the judge before the trial starts. I would not ask him/her if you will get that opportunity after the trial, might not sit too well with him/her!
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bobf
As for the things in my TBD I brought up, here's a list, I'd be curious to know which hold water and which don't. I thought they all did!
CVC 21753 Yielding for Passing - I was momentarily speeding up to yield another driver that was speeding/tailgating me.
You are not allowed to exceed the maximum speed limit to pass, yield, change lanes or any other act. Best course of action at the time, change lanes, tap on your breaks o maybe even get off the gas for a few seconds... If they're in a hurry, they'll go around you and be gone!
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bobf
CVC 22350 Basic Speed Law - conditions were safe for me to momentarily accelerate
You were not cited for "unsafe speed" or in violation of a prima facie speed limit. You were cited for exceeding the state's absolute maximum limit. Two different animal and they aren't related!
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bobf
Section (b) of Speed Law Violations, CVC 22351 "establishing by competent evidence .. speed in excess .. did not constitute a violation" - conditions were safe for me to momentary accelerate to avoid the dangerous situation with the speeding tailgater
22351 only applies to "prima facie" speed limits, and not maximum speed limits!
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bobf
CVC 22400 Min. Speed Law - not safe to drive slower than average
If the average speed on that highway was 14mph over the limit, then you would not have been cited or the only one cited. Chances are you were probably the fastest at the moment the officer was monitoring speed.
But also, how could you be impeding traffic or trying to avoid impeding traffic by speeding up to get away from vehicles behind you?
It will be a cold day in hell if you're ever cited for impeding traffic by driving at or reasonably near the speed limit!
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bobf
Also, I requested for:
* proof of distance between lidar unit and my car when measurement was taken to make sure it was under the maximum range the manufacturer considers functional
* proof that officer checked for possible external interference when using the lidar
* proof that the reading was from my car not the tailgater's car
* proof that lidar was tested before citation and after citation (device must be accurate before and after readings)
As explained above, asking for "proof" when submitting a written declaration you submit in your defense is not likely to result in the court asking the officer the questions you want answered, documenting them and mailing the same to you. That is not how the trial by declaration process works. The way it works, is you write your declaration, officer writes his. Both are submitted to the court and are reviewed by a judicial officer at some point. After review and evaluation of the evidence and a decision is made which you will subsequently receive notice of. That is the nature of the TBD process and strange and unusual a it might be, it works for some but not for others.
If afterr all tat you still want proof of this, that or the other, then take your case to a TDN and question the officer about that and more if you choose.
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bobf
Kruger, Pantos, Payne"
Who are those guys? Is this one of those "a German guy, a Mexican guy and a Black guy went to a bar?" jokes?
Just kidding... You'll have to do a little better at either referencing the cases or explaining what they're about...
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bobf
* CVC40802(c)(1)(A) + CVC40802(c)(1)(B) proof of officer's radar operator course by POST
* proof CVC40802(c)(1)(D) device calibrated to NTHSA standards
* CVC 40802(a)(2) + 40803(b) + 40805 illegal speed trap
And again, speed tap laws do not apply to maximum speed citations!
Re: Where is the Arraignment for Trial De Novo - Incorrect Address on Ticket
Regarding CVC 22400
"22400. (a) No person shall drive upon a highway at such a slow speed as to impede or block the normal and reasonable movement of traffic, unless the reduced speed is necessary for safe operation, because of a grade, or in compliance with law."
Emphasis added.
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That Guy
It will be a cold day in hell if you're ever cited for impeding traffic by driving at or reasonably near the speed limit!
...you mean besides the fact that one impeding statute exempts complying with the law and the other (slow traffic stay in the right lane) is "notwithstanding the speed limit?"