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  1. #1
    Join Date
    Dec 2013
    Posts
    5

    Default Traffic Court's Verdct Was Not Mailed Until After the Deadline for Trial de Novo

    My question involves a traffic ticket from the state of: California

    I had a tailgating case that I submitted for a trial by written declaration for Los Angeles County. This was in July and I just received back the notice of decision stating a guilty verdict and that the court's decision was entered on Sept 2 and that I had 20 days from that date to submit a request for trial de novo (which I had intended to do if I had lost this case). The thing is is that the notice is postmarked Sept 23 which I feel is clearly intentional as to prevent me from submitting the request for trial de novo. Is there anything I can do about this to reverse the ruling based on those grounds?

    Thanks

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Traffic Court's Verdct Was Not Mailed Until After the Deadline for Trial de Novo

    Did you look at Form TR-220? The clock starts to run with the mailing date. See the Rules of Court:
    Quote Quoting California Rules of Court, Rule 4.210(b)(7). Traffic court-trial by written declaration
    (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.

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