Trial by Delcaration (California), Court Has No Record of Citation
My question involves a Car-Pool Lane ticket from the State of: California
I was cited for car pool lane violation in December. The cite had an appearance date of January 18. I sent a letter requesting a trial by declaration, which was received on January 12 (I have a return receipt). After 20 days (in violation of the 15 day calendar day deadline). I received a letter from the traffic clerk which stated they had no record of my citation. Today I received a courtesy notice telling me to appear on April 13. My questions are:
1) Is a copy of a triffic citation a "Notice to Appear"?
2) Should I ask the Clerk to dismiss my cite (do they even have the ability to dismiss) because they are in violation of the "rules of the court"
3) Should I appear before a judge and ask they dismiss the case because of the violation of the trial by declaration deadline?
4) Should I just send in another letter requesting a trial by declaration and argue for dismissal based on the 15 day deadline violation in the pleading?
Thanks for any information you can provide.
Re: Trial by Delcaration (California), Court Has No Record of Citation
Quote:
Quoting
pgorman
... (in violation of the 15 day calendar day deadline)....
What 15 day calendar day deadline :confused:
Keep in mind that the statute of limitation for -filing- a traffic citation is one year.
EDTIED TO ADD:
Scratch that question... You're probably talking about CRC 4.210(b)(2) and if that is the case, then you should also read Rule 4.210(c) which states:
Quote:
Quoting California Rule of Court Section 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.
Your motion to dismiss based on an alleged violation of the court rule (regardless of how you present it) will more than likely be denied. You're free to give it a try if you so choose.