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  1. #1
    Join Date
    Jan 2009
    Posts
    7

    Default Speeding Ticket Trial by Declaration

    I got a CVC22350 speeding ticket 35/25 Scool zone in January.

    i went to the court asked the clerk for trial by writen declaration. paid the bail
    and got the paperwork. I filled it out and took it to the Court and handed to the clerk myself before the due date. So i phisically went to the court 2 times to get and to submit the Trial by Witten Declaration forms.

    so they said it would take them a couple of weeks to mail me the answer.

    I checked the onlike status on the courrts website and now it shows this

    Scheduled Hearings

    One hearing found.1

    Date Time 05/08/2009 06:00 PM

    Hearing Type - Reason Court Trial Trial By Declaration

    Courtroom S7


    so my question is since the due date was march 19th and the hearing is on may 8th that is 54 days.
    doesnt this violate my right for a speedy trial? i think that the max is 45 days in california and if they cant acomodate the hearing within those dates thaey have to dismiss it??. and since i went to the court in persont to get the papers and again to hand them to the clerk i did not waive the right for a speedy trial.

    what should i do in this case??


    should i go to the court now and ask them to dismiss it or wait till the hearing and then ask them to dismiss it?

    thanks for advice.

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

    Default Re: Speeding Ticket Trial by Declaration

    The clerk has like a million years to mail out the results. Just be patient. It will come. When it does, be ready to file for your trial de novo.

    By the way... what was your defense??

  3. #3
    Join Date
    Jan 2009
    Posts
    7

    Default Re: Speeding Ticket Trial by Declaration

    Well I think that its not the clerk. the case has not been read/heard by the judge yet.

    and its schedured more then 45 days after the due date for the submition of the docs.

    why would i need to file for a trial de novo?
    do i need to file it to get the ticket dismissed based on the fac that the trial was scheduled more then 45 days after the document submition day and thus violating my right to a speedy trial?

    the defense was that there were no children present. and that the sign said when children are present. the time when he stopped me was later then all the classes start so the children would be inside.
    also the actual school entrance is on a different street and there is a huge fence separating the school grounds from the road i was driving on. ...

    thanks

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

    Default Re: Speeding Ticket Trial by Declaration

    Quote Quoting AlX
    View Post
    Well I think that its not the clerk. the case has not been read/heard by the judge yet.

    and its schedured more then 45 days after the due date for the submition of the docs.

    why would i need to file for a trial de novo?
    do i need to file it to get the ticket dismissed based on the fac that the trial was scheduled more then 45 days after the document submition day and thus violating my right to a speedy trial?

    the defense was that there were no children present. and that the sign said when children are present. the time when he stopped me was later then all the classes start so the children would be inside.
    also the actual school entrance is on a different street and there is a huge fence separating the school grounds from the road i was driving on. ...

    thanks

    The 45 day thing is not really applicable to the situation that you are describing. That is for the time between arraignment and a trial. If you are found guilty in the TBWD (which most people are) then you will have to file for a trial de novo to get a new trial... in person. You seem to have a good defense. However, if you get a dismissal in a TBWD, I'll be surprised.

    Good luck.

  5. #5
    Join Date
    Jan 2009
    Posts
    7

    Default Re: Speeding Ticket Trial by Declaration

    so why wouldnt the 45 day rule apply to the TBWD?

    my understanding is that they have to schedule the actual hearing date within 45 days of the duedate they gave me.

    i know that if i had doen everything by mail then i would have waived that right to a speedy trial . but if i actually went to the cour 2 times to aks for the TBWD and to submit the papers and i did not sign any forms that "I waive the right to a speedy trial" then the 45 days rule has to apply??

    also should i aks for the officers written testimony to see if he met the deadlines and all that kid of stuff??

    what are the chances of the officer showing up for the trial de novo in orange county is it mandatory or they skip the hearings often??

    thanks

  6. #6
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Speeding Ticket Trial by Declaration

    Quote Quoting AlX
    View Post
    my understanding is that they have to schedule the actual hearing date within 45 days of the duedate they gave me.
    Your understanding is right but that only applies to a court trial, it does not apply to a TBWD. In fact if it did, I bet you most TBWD cases would be dismissed.

    Quote Quoting AlX
    View Post
    i know that if i had doen everything by mail then i would have waived that right to a speedy trial . but if i actually went to the cour 2 times to aks for the TBWD and to submit the papers and i did not sign any forms that "I waive the right to a speedy trial" then the 45 days rule has to apply??
    Then file a motion to dismiss and see where that takes you.

    Quote Quoting AlX
    View Post
    also should i aks for the officers written testimony to see if he met the deadlines and all that kid of stuff??
    You certainly can request a copy of the officer's declaration but I'm not sure what deadlines you're speaking of!!!

    Quote Quoting AlX
    View Post
    what are the chances of the officer showing up for the trial de novo in orange county is it mandatory or they skip the hearings often??
    They may appear during their regular shift or if they are off that day then they get paid overtime. So skipping a court appearance, and although it can happen, is highly unlikely.

  7. #7
    Join Date
    Oct 2005
    Location
    California
    Posts
    1,206

    Default Re: Speeding Ticket Trial by Declaration

    Some agencies are more diligent than others in requiring officers to show up for the trial and much depends upon the circumstances. In other words, you might get lucky.

    As far as filing for a trial de novo in person, that's not necessary. You can file the form (TR-220) by mail. It must be submitted within 20 days after the court's decision was mailed to you.

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