Trial by Written Declaration Where Officer Filed Late
I was found guilty (in California) for a traffic infraction after pleading not guilty by written declaration. I filed my declaration in plenty of time but the officer dated his 2 days later than the deadline and it was filed (I assume submitted, as well) almost 2 weeks past the deadline.
What should I do now? I've been led to believe that I can get the matter dismissed..is that right? Under the circumstances, how is the best way to go about it....by letter or by showing up in court and pointing it out? By the way, I have requested a trial de novo, which has been scheduled for the end of the month. Thank you!!
Trial by Written Declaration
The court rule governing trials by declaration provides in part,
Quote:
Quoting 2006 California Rules of Court, Rule 828. Traffic court - trial by written declaration
(b) [Procedure]
(5) (Instructions to arresting officer) If the clerk receives defendant's Request for Trial by Written Declaration (form TR-205) and bail by the due date, the clerk shall deliver or mail to the arresting officer's agency Notice and Instructions to Arresting Officer (form TR-210) and Officer's Declaration (form TR-235) with a copy of the Notice to Appear and a specified return date for receiving the officer's declaration. After receipt of the officer's declaration, or at the close of the officer's return date if no officer's declaration is filed, the clerk shall submit the case file with all declarations and other evidence received to the court for decision.
* * *
(c) [Due dates and time limits] Due dates and time limits shall 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.
It thus appears that if the officer's response was late the case should have been submitted to the court for decision on the basis of your declaration alone. Not having seen your declaration, I don't know if it would have supported the traffic court's finding. There seems to be a possibility that the court granted an extension.