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  1. #1
    Join Date
    Dec 2010
    Posts
    12

    Default Trial De Novo Denied

    My question involves traffic court in the State of: California

    I lost my Trial by Written Declaration. I then filed form TR-220 ( http://www.courtinfo.ca.gov/forms/documents/tr220.pdf ).

    I just got a denial in the mail and the reason the request was denied "otherwise not in compliance with law or rules (explain): THERE WAS NO REASON STATED".

    However form TR-220 which I signed says as #3 that "I am dissatisfied with the courts decision." As far as I understand a Trail De Novo is not an appeal it is a totally new trial and I don't need a good reason. Not to mention the form doesn't even say anywhere I need to give a reason. I called the traffic court and the lady that answered talked to the clerk and said I need to give a reason. I left a message with the clerk and I'm expecting a call back since they had just gone into court.

    What is the law and what are my rights? I want to make sure I am armed with the proper information when I talk with the clerk.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Trail De Novo Denied

    Were you within the 20 days of the mailing of the TBW decision?

  3. #3
    Join Date
    Dec 2010
    Posts
    12

    Default Re: Trail De Novo Denied

    Yes I was within the 20 days. On form TR-225 for why the request was denied the box is NOT checked that says it was not received on time. Here is a scan of the pertinent section of what I received.



    After some research I found the following:

    V C Section 40902 ( http://dmv.ca.gov/pubs/vctop/d17/vc40902.htm )

    (d) If the defendant is dissatisfied with a decision of the court in a proceeding pursuant to this section, the defendant shall be granted a trial de novo.
    2010 California Rules of Court - Title Four Rules ( http://www.courtinfo.ca.gov/rules/in...nkid=rule4_210 )

    Rule 4.210. Traffic court-trial by written declaration
    (b) Procedure
    (7)Trial de novo

    If the defendant files a Request for New Trial (Trial de Novo) (form TR-220) within 20 calendar days after the date of delivery or mailing of the Decision and Notice of Decision (form TR-215), the clerk must set a trial date within 45 calendar days of receipt of the defendant's written request for a new trial. The clerk must deliver or mail to the defendant and to the arresting officer's agency the Order and Notice to Defendant of New Trial (Trial de Novo) (form TR-225). If the defendant's request is not timely received, no new trial may be held and the case must be closed.
    I have looked over form TR-220 ( http://www.courtinfo.ca.gov/forms/documents/tr220.pdf ). Nowhere does it say I need to have a reason for a Trial de Novo. Furthermore #3 on TR-220 which I signed says "I am dissatisfied with the courts decision". Which for everything I have found is exactly on point for what I need to get a Trial de Novo.

    I guess now I'm wondering where do I go from here? It seems like I was improperly denied a Trial de Novo.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Trail De Novo Denied

    Oh I misunderstood you...it literally says "THERE WAS NO REASON STATED." I thought you meant they didn't give you a reason.

    I agree, not only is a reason not required, there's no place to provide one on the form. All question #3 wants is the charges you are contesting.
    Usually you can get by with just writing the violation number like: 22530 or whatever.

    Did the clerk call back?

  5. #5
    Join Date
    Dec 2010
    Posts
    12

    Default Re: Trial De Novo Denied

    There have been very few times I have been speechless in my life and this is one them. I just came back from the courthouse here is what transpired:

    I went to get a copy of the officers statement for my TBWD in which I was found guilty. The clerk at the counter went in the back and after about 5-10 minutes came out and I was told that they don't give those out. They also consider the case closed. Flabbergasted I had them write a note to include in my file and then I requested a copy of said note (the lady looked at me strangely when I requested my own copy). Aren't they supposed to give me this on request and charge a nominal copy fee?



    However they would give me a copy of TR-220 that I filed. Here is the copy with the identifying information blacked out:

    TR-220 on file with the court

    By this time the Sherriff on duty had gotten up from his chair and was standing behind her. I then calmly explained that I had left a message and it wasn't returned and showed them copies of VC 40902, the 2010 California Court Rules, and then showed them my completed TR-220 form they had just copied. I stated that none of them said I needed a reason for a Trial de Novo. She said the judge had ruled and that I did in fact need a reason as this was an appeal.

    She stated that she had already talked to the judge the first time. I asked then if my only recourse was to file an appeal even though I had clearly explained how this didn't make sense and she said yes she would not talk to the judge again.

    I also noticed that the same judge that denied my Trial de Novo is the EXACT same judge that found me guilty in my TBWD. I'm not a lawyer and I don't really know where to go from here but to me this seems really scary.

  6. #6
    Join Date
    Apr 2009
    Location
    SF Bay Area
    Posts
    625

    Default Re: Trial De Novo Denied

    which county and court was it?

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