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Convicted at a Trial by Written Declaration With No Submission by the Officer

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  • 06-29-2015, 06:15 PM
    Soco78
    Convicted at a Trial by Written Declaration With No Submission by the Officer
    My question involves a traffic ticket from the state of: California

    I got a traffic ticket for speeding and opted to fight it using the Trial by written declaration option. I submitted my paperwork and recently got a response from the court stating that I had lost and was found guilty and ordered to pay my fine.

    As I reviewed the court's decision and the information I received in my letter, I noticed that the declaration of facts from the officer were not submitted. It's my understanding that the officer MUST submit the declaration of facts so that the judge can review both and if the officer fails to do so then my case is automatically dismissed.

    Can someone help me clarify this? Do I have to file a trial du novo or can I just go to the clerk and ask for clarification?

    Thank you.
  • 06-29-2015, 06:47 PM
    kokobill
    Re: Trial by Written Declaration
    Once you file trial du novo, your TBD is done with. Go see a clerk first. It could be that the officer did submit, but they were not forwarded to you. If so, you will want to see them to prepare for trail du novo.
  • 07-11-2015, 01:50 AM
    cloudone
    Re: Convicted at a Trial by Written Declaration With No Submission by the Officer
    Quote:

    Quoting Soco78
    View Post
    My question involves a traffic ticket from the state of: California

    I got a traffic ticket for speeding and opted to fight it using the Trial by written declaration option. I submitted my paperwork and recently got a response from the court stating that I had lost and was found guilty and ordered to pay my fine.

    As I reviewed the court's decision and the information I received in my letter, I noticed that the declaration of facts from the officer were not submitted. It's my understanding that the officer MUST submit the declaration of facts so that the judge can review both and if the officer fails to do so then my case is automatically dismissed.

    Can someone help me clarify this? Do I have to file a trial du novo or can I just go to the clerk and ask for clarification?

    Thank you.

    You can be convicted if you admit to speeding in your TBD.
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