My question involves traffic court in the State of: California
I mailed a written not guilty plea and request for TBWD along with bail and paid for a confirmation delivery/return receipt through the post office for a traffic citation that had an original appearance date of the 17th of December, 2009. I was cited November 2nd, 2009.
My return receipt from the post office shows a 'received' stamp by the Court of the 4th of December.
When I checked the Los Angeles County online traffic site for the status of my case (as I can never get through to a human being on their phone system after waiting over a half an hour or it just gives a busy signal as it did for me for two days straight at one point) on the 12th of January, the case status was listed as a 'Failure to Appear Hold' and that the matter was going to be referred to Collections if I did not handle it in a timely manner ( I find this hilariously hypocritical).
I spent the next four hours of that day dealing with the matter at the Court Clerks Office to find out that they had not even processed my paperwork yet. The clerk told me that the one person who dealt with TBWD filing was "So backed up" , and that if I wanted to pursue the TBWD, that I should "make sure I get another confirmation of delivery/return reciept form the post office be cause this will probably happen again, unless I want to come in person and file my declaration at the window." I then had her process the still non-cashed money order in her hand that accompanied my written plea and received my TR205 form which now gives me a due date of February 11th,2010 to submit my Declaration.
I am drafting a motion for dismissal of my citation based on the section of the California Court rule I listed in the title of this thread ( 4.210 (b) clause 2 ).
from said section :
http://www.courtinfo.ca.gov/rules/in...nkid=rule4_210
"Extending due date
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, within 15 calendar days after receiving the defendant's written request, 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) with a copy of the Instructions to Defendant (form TR-200) and any other required forms. "
Note: I was never 'given' or 'mailed' notice of the extended due date, let alone mailed my required TR205 Declaration form.
I am including copies of all the documents like the return receipt and the printout from the LATrafficOnline site showing the courts negligence in essentially judging me guilty before proven innocent by declaring my case an FTA before they even filed my Plea - which obviously made it into the Courts hands within the timely diligence required by law.
Included in my statement to the Court is that the Court was negligent in sending me a TR205 form with due diligence, which not only prevented me with proceeding with the Written Declaration process , but compromised my legal status to lawfully operate a motor vehicle in California and could have resulted in a bench warrant for my arrest . If my plea had been filed - which it had not been by the time I was forced to make an in person appearance at the Court thus nullifying the point of Trial By Written Declaration- then I would not be writing this Motion for dismissal as I am aware I would have waived my right to a speedy trial.
My question to the members of this Forum is:
Should I mail that motion separate, and or before I submit the TR205 declaration form for my citation? Or should I just include it atop the Declaration form and mail it all together and why?
Thanks to all members of this Forum for all of your consideration and time regarding my issue!![]()

