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  1. #1
    Join Date
    Jan 2009
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    6

    Default How to Request for Trial De Novo, and Request Informal Discovery

    My question involves traffic court in the State of: California

    Hi everyone:

    I was found guilty after Trial by written declaration for CVC22350-1. I am wondering:

    1) if i need any reasons (ie New evidence or legal reasons) for requesting the Trial de Novo.

    2) Can people that have won their Trial de Novo, especially for CVC22350-1 give me some pointers as to what arguments, defense, evidence to use to win it. Any pointers as to what to say, what not to say.

    3) I've been reading through all the threads, i noticed that people are requesting "informal discovery" to find out what evidence the officer will use against you. How do you request this?

    4) If i am found guilty by Trial de Novo, is the decision final? Is there a way to reduce/dismiss the fine? Can i still go to traffic school to get rid of the point deduction?

    Thank you very much for your help.

    Regards

  2. #2
    Join Date
    Feb 2008
    Posts
    1,622

    Default Re: How to Request for Trial De Novo/Request for Informal Discovery

    1. You only need to be dissatisfied with the results of the TBW to ask for a Trial de Novo. Look here.

    2. You must provide a lot more details on the specifics of your ticket for any relevant opinions.

    3. Look here.

    4. You can appeal. You can also get traffic school after a guilty verdict... but, you have to do things in the correct manner. Your questions are way to vague and broad with far too little information provided. Talk about specifics... not "what do I have to do to make my life wonerful"

  3. #3
    Join Date
    Jan 2009
    Posts
    6

    Default Re: How to Request for Trial De Novo/Request for Informal Discovery

    well i was speeding at night. the police officer put me down for 55mph on a 35mph road. The traffic ticket indicates L, C, D (for light traffic, clear visibility and dry for road condition).

    It is to my understanding that CVC 22350-1 states that one may not drive faster than it is prudent to do so taking into account weather, visibility, and traffic conditions. No where does it say that one may not drive faster than the posted speed limit (which from some sources say is simply a suggested speed limit). If condition permits and safe to do so, it's not violating the law by going over right? that is what i am thinking to use as my defence, but i said this on my TBD and lost, so i am looking for additional sources.

    i don't really have any legitimate excuse i guess. Is it better for me to just pay the fine and go to traffic school instead? Someone on yahoo answers told me that if i lose both TBD and trial de novo, the judge can deny me the chance to go to traffic school.

  4. #4
    Join Date
    Feb 2008
    Posts
    1,622

    Default Re: How to Request for Trial De Novo/Request for Informal Discovery

    First of all, it is CVC22350... there is no such thing as 22350-1.

    Second, read 22351:

    22351 (b) The speed of any vehicle upon a highway in excess of the prima
    facie speed limits in Section 22352 or established as authorized in
    this code is prima facie unlawful unless the defendant establishes by
    competent evidence that the speed in excess of said limits did not
    constitute a violation of the basic speed law at the time, place and
    under the conditions then existing.
    So... you are kinda right. 22351 says that if you were driving over the speed limit, that you are presumed to be unlawful. However, if you can show by competent evidence that you were not a danger to persons or property, then you can prevail. But, the burden is YOURS to prove. Take a look at the 30 questions.

    So... the first thing you should do in court is ensure that the judge makes traffic school an option. If he does, then he is obligated to offer that same consideration after the trial as he would before. If he doesn't, you have right to appeal. It's been done.

  5. #5
    Join Date
    Jan 2009
    Posts
    6

    Default Re: How to Request for Trial De Novo, and Request Informal Discovery

    how do i ask the judge to make traffic school an option at the beginning of the hearing? is there a fancy lawyer way of phrasing this without making me sound guilty?

    as for the 30 questions, i think it definitely applies in my case. However, what if the officer says something negative for one of the questions? for example, i ask was i ever in danger of damaging any person/property and he answers yes, and gives some examples like lamp post and so on.

  6. #6
    Join Date
    Feb 2008
    Posts
    1,622

    Default Re: How to Request for Trial De Novo, and Request Informal Discovery

    1. You say, "is traffic school an option?"

    2. If you think you'll be able to read a list of questions like it is a laundry list... you are wrong. You'll actually have to think for yourself.

  7. #7
    Join Date
    Jan 2009
    Posts
    6

    Default Re: How to Request for Trial De Novo, and Request Informal Discovery

    i just found that the judge can still deny me of traffic school, is there any way to better my chance of getting it? say if i do not appeal the guilty verdict and only want the traffic school option? does contesting the guilty decision make the judge less likely to grant me traffic school?

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