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  1. #1
    Join Date
    May 2009
    Posts
    14

    Default Maintaining Rights to Speedy Trial for Trial by Written Declaration

    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?

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Maintaining Rights to Speedy Trial for Trial by Written Declaration

    Quote Quoting Zod
    View Post
    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.
    Don't believe everthing you read on the internet (including this)... ^That^ is untrue. But this is true....

    An officer gets paid his regular paycheck whether he appears for a trial that is schedulled during his shift or whether he has to complete a TBWD Declaration. If he happens to be off on the date that he has a trial scheduled in court then, yes, he gets paid overtime but I can also tell you that most if not all courts in california are now schedulling trial where a particular officer has to appear for based upon that officer's work schedule... For example, officer Jones cited you, when you plead not guilty the judge will check with the clerk, the clerk will say officer Jones is here on Mondays so your trial will almost surely be scheduled on a Monday.

    Quote Quoting Zod
    View Post
    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?
    1) Although there are certain deadlines for you to file your delaration, and for the officer to file his, the time between your entering a plea and the time a verdict is rendered will exceed the 45 day guarateed to you with a speedy trial. Therfore the answer is "No". If you request TBWD then you are waiving your right to a speedy trial.
    2) Isn't that the same question as "1)"? The answer is still "No"... TBWD = no speedy trial!
    3) It is only one right (not rights -nice try) but the answer is still "No".

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