Quote Quoting theadog
View Post
In other words is section (b)(5) interpreted as the latter of EITHER the receipt of the declaration OR close of the officer's return date?
Well, the case isn't scheduled to be reviewed until 01/09... But I see your point!

Quote Quoting theadog
View Post
The wording of the minutes makes it seem as if the clerk willingly accepted and filed the declaration.
You have a copy of the case file and those are the docket entries for your case?

Andf in all honesty, I don't see how you could even begin to establish "willingly"
Quote Quoting theadog
View Post
What's the point of (b)(5) then if the prosecution can submit after the due date and can have it's declaration accepted all the way up to the trial date?
The point would be to establish the next step in the process as any other subsection/subparagraph in 4.210 does. Combine that with 4.210(c) and you've got an argument that seems to be moot before it stats. Adding to that the fact that typically, you cannot "appeal" from the TBD stage (heck, its not even the TBD stage as of yet -not until tomorrow and even then that is assuming the case review isn't delayed-) I don't see a process by which you can change anything at this point. Your only recourse as I see it would be to wait out the verdict, and if you're found guilty, request a TDN....

And by the way, this:


Quote Quoting theadog
View Post
Traffic court is not an option for me due to prior tickets.
... is not a valid reason why traffic court is not an option.



Quote Quoting theadog
View Post
Is it possible that he submitted the stuff on time on 1/3, but the court just was slow in recording it, hence the 1/5 date?
It is possible.

Quote Quoting theadog
View Post
How would I know, is the a time date stamp of when the clerk of the court receives it?
Well, it is also possible that mail that is received on xx/yy.zzz date might sit there for a day or two before it is processed! So I'm not sure if you're making the right assumptions and being lead to the right conclusions!


Quote Quoting theadog
View Post
The case is tomorrow and I will not be able to attend because I am 500 miles away.
You couldn't "attend' even if you wanted to!



Quote Quoting theadog
View Post
I'm presuming that the court will review his accept his declaration any ways and find me guilty.
But that's the nature of the offence you were cited for... Meaning, take all other factors out of the picture, and the likelihood that you'll be convicted is closer to 100% than it is to 99%!


Quote Quoting theadog
View Post
Would there be a case for appeal (assuming I lose the TDN) due to the fact that the court was supposed to submit the case on 1/3 but allow the testimony to be admitted after the 1/3 deadline?
You won't find much precedent on the TBD process although in this case, People v. Benhoor speaks volumes with regards to an issue that is similar to what you're up against, specifically, time delays and deadlines. In Benhoor, the court and although it did provide an analysis of the issues that Benhoor presented from a constitutional as well as statutory perspective, ultimately, it boiled down to the simple fact that rule 4.210 itself provides no remedy for a violation of its time limits, and neither does CVC 40902.

So the way I see it, you can wait for a decision from the TBD, request a TDN if you're not satisfied with the result, but the fact that you think you'll be convicted by terms of the nature of the offense, or because you have issues with the court that make it difficult to appear in court should not and does not give rise to any exceptions in this case!