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  1. #1

    Default Due Date of Trial by Declaration After Extending Payment

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

    My wife got a speeding ticket, the "[appear] on or before this date" on which is June 3, 2020. https://www.lacourt.org/ says "PRESIDING JUDGE KEVIN C. BRAZILE EXTENDS ORDER CLOSING COURTROOMS, DELAYING TRIALS AND NON-ESSENTIAL MATTERS THROUGH JUNE 10. ... Effective April 10, the Court implemented a 90-day grace period on all Traffic and Non-Traffic Infraction matters." My wife went to the web site and extended the payment till Nov, anyway. She plans to do a Trial by Written Declaration. https://www.courts.ca.gov/cms/rules/...nkid=rule4_210 says "If the clerk receives the defendant's written request for a trial by written declaration by the appearance date indicated on the Notice to Appear, the clerk must ... extend the appearance date 25 calendar days and must give or mail notice to the defendant of the extended due date on the Request for Trial by Written Declaration (form TR-205) ..." "The defendant must file a Request for Trial by Written Declaration (form TR-205) with the clerk by the appearance date indicated on the Notice to Appear or the extended due date as provided [above]." What is the last day my wife can request a Trial by Declaration? Based on June 3, or Nov?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,843

    Default Re: Due Date of Trial by Declaration After Extending Payment

    If the extension is the general (one time) due date extension, that is the new "appearance" date. She has to the extended date to either pay, or request a court date, or file the TBD.

    If the extension is just an extension to make payments, it means she already accepted guilt and she's not able to contest anything at this point.

  3. #3
    Join Date
    Nov 2013
    Posts
    6,999

    Default Re: Due Date of Trial by Declaration After Extending Payment

    Quote Quoting hzmonte
    View Post
    My question involves a traffic ticket from the state of: California

    My wife got a speeding ticket, the "[appear] on or before this date" on which is June 3, 2020. https://www.lacourt.org/ says "PRESIDING JUDGE KEVIN C. BRAZILE EXTENDS ORDER CLOSING COURTROOMS, DELAYING TRIALS AND NON-ESSENTIAL MATTERS THROUGH JUNE 10. ... Effective April 10, the Court implemented a 90-day grace period on all Traffic and Non-Traffic Infraction matters." My wife went to the web site and extended the payment till Nov, anyway. She plans to do a Trial by Written Declaration. https://www.courts.ca.gov/cms/rules/...nkid=rule4_210 says "If the clerk receives the defendant's written request for a trial by written declaration by the appearance date indicated on the Notice to Appear, the clerk must ... extend the appearance date 25 calendar days and must give or mail notice to the defendant of the extended due date on the Request for Trial by Written Declaration (form TR-205) ..." "The defendant must file a Request for Trial by Written Declaration (form TR-205) with the clerk by the appearance date indicated on the Notice to Appear or the extended due date as provided [above]." What is the last day my wife can request a Trial by Declaration? Based on June 3, or Nov?
    Why wouldn't your wife just file the TBD for the June 3rd date and be done with it. Let the court work it out.

  4. #4
    Join Date
    Jul 2016
    Location
    Paso Robles, California
    Posts
    540

    Default Re: Due Date of Trial by Declaration After Extending Payment

    Your wife's' first mistake was in asking for a continuance, this request is in essence a "general appearance" which confreres jurisdiction on the trial court. She would have been better off if she had done nothing. The link below will explain this in more detail.

    https://www.expertlaw.com/forums/showthread.php?t=246021&p=1134195&highlight=#post1 134195
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