Although I do sometimes recommend helpigotaticket, I don't agree with everything there. If there's a disagreement with the Rules of Court, I'd go with the Rules of Court. I don't know that you need a form from helpigotaticket although that may work.Quote:
Quoting robert1307
Consider the situation in which a person might request TBD before even receiving a Courtesy Notice (and there's nothing to prevent that, legally). The case number would not appear on the original citation, although the citation number and the citing agency name would. Unless the defendant got the case number from the local court website, if that information is available there, there's no way they would know the case number. I think if you review the California Rules of Court on this, there is NO requirement for a case number, although if you have that from whatever source, I'd include it. Furthermore, your county apparently does not have an individual form nor is there a state form for the initial written request for trial by written declaration request (lower case lettering) mentioned in the CRC. If you want to use a form from helpigotaticket, that will probably work and you can write "unknown" in the case number field if there is one. Or, you can check the local court website or the Courtesy Notice, assuming your correct address is on file at DMV, or possibly call the court.
When to File Form TR002 in Traffic Court
Printable View
-
02-11-2015, 10:18 AMdonzoh1Re: Form Tr002
-
02-11-2015, 01:35 PMrobert1307Re: Form Tr002
Ok thanks, at last I was able to get a citation number for my case from a website, so I'll just put it into a TBD request letter..
-
02-11-2015, 04:18 PMdonzoh1Re: Form Tr002Wasn't the citation number on the citation?Quote:
Quoting robert1307
-
02-11-2015, 05:05 PMrobert1307Re: Form Tr002
The serial number at the top right corner of a "Notice to appear" given by a police officer was almost same as "Citation number" got from a courts' website (the difference is that "Citation Number" from a website was prefixed with 'C' and suffixed with 'S', all the digits are the same).
-
02-11-2015, 07:07 PMdonzoh1Re: Form Tr002Maybe the C indicates the court assigned and the S the Agency (Sheriff?) These are just guesses and really don't matter. The point is that if you include your Driver License Number, the Citation Number, the Agency involved, and whatever other information you have, there is nothing to prevent you from submitting a request for trial by written declaration. Just make sure you have the Due Date correct and don't miss any time frames! Cell Phone alarms are good for this.Quote:
Quoting robert1307
-
02-27-2015, 09:46 AMrobert1307Re: Form Tr002
So far they are playing a game "we haven't received payment and any forms from you". When I'm trying to explain I have not received form back from them (I have a certified mail receipt that they received my request Feb 17 btw) they trying to make me download form by myself from internet. I said I don't have an internet access and WTF is going on? They are redirecting to some voice mail number where I should explain the situation. I did. Awaiting a callback.
I don't like this as my deadline passed 2 days ago.
So far the US court system is similar to Ukrainian one, which is the worst in the world I think... -
02-27-2015, 11:28 AMdonzoh1Re: Form Tr002When they say "we haven't received payment and any forms from you" ask where the requirement is for payment or submission of forms when a person makes an initial request for trial by written declaration. Then, show them your own copy of CRC 4.210 that you printed on your own computer. If you show them that they are violating the California Rules of Court, maybe that will change their attitude. If not, get their name and write a letter to the Presiding Judge outlining the problem and asking him or her whether the employees at the courthouse should be violating these rules. Make sure you send a copy to the DA so you are not accused of attempting improper Ex Parte communications. If the Presiding Judge likes the idea of violating the Rules of Court, then file a complaint with the Commission on Judical Performance.Quote:
Quoting robert1307
BTW, compliance with CRC 4.210 does not depend on whether you have internet access. -
02-27-2015, 11:59 AMrobert1307Re: Form Tr002
I really want to avoid going to the court in all possible ways (because for me that means a lost working day) and show them CRCs, but looks like I have to. Who is "DA" you mentioned above by the way?
I've said I have no internet access just to make them stop even thinking that procedure can be done in this illegal way.
To be honest - I'm not against sending them form 205 directly, with payment, but I know for sure, the first thing they will tell me - "Why the hell you sent us this form without a pre-written request? Go and read CRC 4.210 you fool!". -
02-27-2015, 03:14 PMdonzoh1Re: Form Tr002You could mail them a copy of CRC 4.210 or just quote it in a letter. DA is District Attorney. Although the DA is not usually represented in traffic court, they are in most cases the correct prosecuting authority, even if a city attorney tries to nose their way into the case. The DA is elected to represent the People of California in a given county.Quote:
Quoting robert1307
If you're past the due date, even sending the TR205 with payment won't help. You might call and request an extension but I don't know whether that will work. You probably need evidence that you have been into the court prior to that date and I don't know whether you have that.
I don't know that CRC 4.210 requires a "pre-written request." Anyway, the clerk will not typically object if you deposit bail with a TR205 Form prior to the due date and many will say that's how it must be done, regardless of CRC. My impression is that you're emotionally invested here and that can be harmful to your case. -
02-27-2015, 03:47 PMrobert1307Re: Form Tr002
My due date was Feb 25.
The procedure says: "If the clerk receives the defendant's written request for a trial by written declaration by the appearance date, ..., the clerk must, within 15 calendar days after receiving,... extend the appearance date 25 calendar days and must give or mail notice to the defendant..."
The clerk received my written request Feb 17 (certified mail receipt has this date on it).
In a phone conversation clerk said I should have been sent a form 205 with a payment check and he doesn't understand what other procedure I'm talking about.
Of course I'm emotionally invested after that.
I've left voice messages to court manager and supervisors and hope they will be able to understand the situation and resolve it quickly.
If not - I have to go to the court and resolve this in person.