My question involves traffic court in the State of: California
I was pulled over by a CHP officer for violation 22450 (a). This is a violation for running a stop sign.
However, the truth is that I had indeed stopped at that stop sign. I knew that stop sign was a common ticket point, so I was very careful to make sure that I came to a complete stop. That and I always come to complete stops at stop signs (to the frustration of all my friends and passengers).
Because of this, I have decided to fight my ticket in traffic court. At the same time, I want to maximize my chances of winning as this ticket is pure injustice. After doing a little research, it seems that the best form of action is to request a Trial by Written Declaration. This is due to the convenience of not having to appear in court for a trial, something that I am not experienced in. It also prevents the nervousness I would feel at the trial. Also, I have read online that officers get paid $200-300 just for appearing in the court trial (I am not sure if this is true in California or for CHP officers). They do not get paid anything extra for filling out the trial paper work in a TBWD. This might make it more likely that the officer miss the deadline, leading to a case dismissal. Lastly, I have the right to a Trial de Novo if I am somehow still found guilty (probably because an officer's testimony might hold more weight than my own).
What I need to know is:
1) If I request the trial by written declaration in person at my arraignment where I will give my plea of "not guilty," will I still be entitled to my right to a speedy trial? I know that I will end up waiving this right if I request the TBWD by mail. But I have heard mixed opinions about what will happen if I appear in-person at the arraignment.
2) If I still have my right to a speedy trial, how does it apply to a TBWD? Is it just so that the deadline for my results are within 45 days from my arraignment?
3) If I do end up having to waive my speedy trial rights, will I still have them for my Trial de Novo?


