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  1. #1

    Default Can't Attend a Clerk Scheduled Trial De Novo Date - What Do I Do

    My question involves traffic court in the State of: California.

    Date of violation was 4-25-11
    Violation: not yielding to pedestrian

    Lost Trial By Written Declaration on 1/2/12
    Requested Trial De Novo
    Trial De Novo Letter was mailed on 2/7/12 and date of trial/arraignment was set by clerk for 4/4/12.

    I cannot make the clerk set date. What are my options?
    Can I postpone the date or change it? How do I do this?
    What I really want is to just accept the guilty verdict and get traffic school. I wrote my request for it in my TBD, but I didn't get any instruction on this in my guilty verdict for my TBD.

    Any help would be greatly appreciated.

  2. #2
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    Default Re: Can't Make Clerk Scheduled Trial De Novo Date - Options

    Quote Quoting knckdwnbarium
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    date of trial/arraignment was set by clerk for 4/4/12.
    For the record, and if it is simply a Trial De Novo, scheduled upon your request after losing the TBD, then it is only a trial, there won't be an arraignment.

    Quote Quoting knckdwnbarium
    View Post
    I cannot make the clerk set date. What are my options?
    Can I postpone the date or change it? How do I do this?
    What I really want is to just accept the guilty verdict and get traffic school. I wrote my request for it in my TBD, but I didn't get any instruction on this in my guilty verdict for my TBD.
    I doubt much that you will be able to have it rescheduled to a date BEFORE 04/04/2012... You can contact the court clerk and inquire about what to do to get it rescheduled to a later date... However, if you would rather not go to a trial, then you can also inquire with the clerk about the procedure for changing your plea. As for traffic school, I am not totally writing it off, but as I am sure you already know that there is no assurance that you will be granted traffic school after a TBD or Trial.. I would say that those judges who are open to allowing it, will usually make a notation to that effect on the TBD decision form. I think another indication that your potential for getting it is reduced even further by the simple fact that you did requested in your TBD but it was not granted. It still wouldn't hurt to ask the clerk if a request can be submitted to the judge, or not!

    So yes... Not really much help, except to say all of your answers will come via the clerk! Good luck!

  3. #3

    Default Re: Can't Make Clerk Scheduled Trial De Novo Date - Options

    Thank you ThatGuy for the thoughtful answer!

    If I try to postpone the date, what type of reasons would be acceptable?

  4. #4
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    Default Re: Can't Make Clerk Scheduled Trial De Novo Date - Options

    Send a letter to the TBD judge, requesting traffic school in exchange for pleading guilty, "to save the court's resources and valuable officers' time at the trial de novo". If you don't get a response before say, March 10, 2012, then talk to the clerk (better yet, visit) and ask to continue the trial date because it's inconvenient for you. One continuance will often be allowed for no reason at all this way. If the clerk says no, then you'll have to file a formal motion for a continuance, which will require a valid reason. Travel, etc. will do; even a showing that another date is more convenient for you than that one because you won't have to take time off, etc. is also ok for a traffic court trial. Post back if it comes to the point where you have to make a formal motion.

  5. #5

    Default Re: Can't Attend a Clerk Scheduled Trial De Novo Date - What Do I Do

    Thanks quirkyquark. Thats good advice. This forum is invaluable. You've put my mind at ease.

  6. #6

    Default Re: Can't Attend a Clerk Scheduled Trial De Novo Date - What Do I Do

    I just wanted to update the forum. I went to the court. Waited 1 hour in a long line to see a clerk. Unfortunately with the California budget cuts and the loss of phone operators/service in the courts, if you can't handle your transaction online, you'll have to wait in this line. They allowed me to change my date without issue. They didn't ask for any reason, but told me it was a one time only change. The clerk told me that I am no longer allowed to request traffic school at this point. So I'll attend the trial de novo date and see what happens. I really rather just have traffic school. I'll have to deliberate fighting the ticket in court, or just requesting traffic school right off the bat. I wonder if requesting traffic school right off the bat will make the judge more likely to convict me as guilty (without guarantee of granting me traffic school.)

  7. #7
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    Default Re: Can't Attend a Clerk Scheduled Trial De Novo Date - What Do I Do

    Quote Quoting knckdwnbarium
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    The clerk told me that I am no longer allowed to request traffic school at this point. So I'll attend the trial de novo date and see what happens. I really rather just have traffic school.
    The clerk has no power to grant or deny traffic school at this point. So what they tell you (or don't) is irrelevant. You jumped the gun here. Naturally, some judges may not take a kind view of the fact that you have no case and are wasting the courts and the officers time.

    It's not too late to write.....

  8. #8
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    Default Re: Can't Attend a Clerk Scheduled Trial De Novo Date - What Do I Do

    Quote Quoting knckdwnbarium
    View Post
    I just wanted to update the forum. I went to the court. Waited 1 hour in a long line to see a clerk. Unfortunately with the California budget cuts and the loss of phone operators/service in the courts, if you can't handle your transaction online, you'll have to wait in this line.
    Oooohhhhh "THE LINE"..... I seriously wonder how much our own actions contributed to them shutting down the phone lines!!!

    What I do know is that in Los Angeles County, when you called the number from your citation, calls were rarely answered by a live operator, they would often cue yours after forty or fifty calls... sometimes the system got overloaded and after hearing the loooong recorded message, it simply hung up on you... And after a long agonizing process, if you did get through, you weren't actually speaking to a court clerk and certainly not one at the courthouse where your case is filed, but at one of several locations that fielded calls for two or 3 courts per phone number.

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