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  1. #1

    Default Trial by Written Declaration - Due Dates

    I recently did a Trial By Written Declaration and noticed the court filed and received the officers declaration even though it was turned in after the due date I had on my paperwork. Does the officer have the same deadline as myself on a Trial by Written Declaration and if so do I file for a Trial De Novo and fight the ticket based on that? How do I fight this if that is not the proper way?

  2. #2
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    Default Re: Trial by Written Declaration - Due Dates

    By "the due date I had on my paperwork", you're talking about the deadline by which you were to file your TBWD?

  3. #3

    Thumbs up Re: Trial by Written Declaration - Due Dates

    I turned in my declaration by the deadline stated but I noticed online that the officer turned in his like 1 week after the deadline I had and the court accepted it.... Do we both have the same deadline?

  4. #4
    Join Date
    Jul 2010
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    Default Re: Trial by Written Declaration - Due Dates

    Actually, I think the officer doesn't receive any notice for the TBWD until you turn yours in. Once the court receives yours, it will send a notice to the officer. Then he'll turn his in.

    Basically, if you don't turn in your TBWD on time, the officer has no need to spend time writing up his declaration, so the system is designed to not waste an officer's time. Officers only write declarations when a defendant turns one in (and on time).

    Also, just to let you know, if you haven't yet received your verdict... you'll probably be found guilty only because the officer turned in his declaration.

  5. #5
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    Mar 2009
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    Default Re: Trial by Written Declaration - Due Dates

    Quote Quoting winampman
    View Post
    Actually, I think the officer doesn't receive any notice for the TBWD until you turn yours in. Once the court receives yours, it will send a notice to the officer. Then he'll turn his in.

    Basically, if you don't turn in your TBWD on time, the officer has no need to spend time writing up his declaration, so the system is designed to not waste an officer's time. Officers only write declarations when a defendant turns one in (and on time).
    Not true... Both the officer and the defendant have the same due date. However, pursuant to Title Four of the California Rules of Court - Rule 4.210(c)

    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.


    So even if the officer's due date was "extended", you have no recourse with regards to the extension. If you lose at the TBD stage you can file for a Trial De Novo and argue your case by appearing at a court trial; even then, the delay/extension is a non-issue.

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