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  1. #1
    Join Date
    Jan 2010
    Posts
    8

    Default TBWD: When is the Officer's Deadline

    My question involves a speeding ticket from the State of: California.

    I'm trying to interpret the rules for trial by written declaration.
    http://www.courtinfo.ca.gov/rules/in...nkid=rule4_210

    - I was issued a citation for 22349a
    - court extended by initial due date
    - I requested TBWD, deadline set at 1/4
    - I sent in TBWD on 12/23

    The online status check results are confusing. First it said I have an appearance date set to 1/27. Now it's set 3 weeks ahead.

    From the rules in the link above, it appears that the court can take as long as they want to make a decision and notify me of the decision. But it looks like the officer's statement return date is set in stone. Is there anyway of finding out what that date is? I would not be happy if the court is extending his deadline, and worse, notifying him on multiple occasions until he responds. Please advise how how this works. Thanks.

  2. #2
    Join Date
    Apr 2009
    Location
    SF Bay Area
    Posts
    625

    Default Re: TBWD: When is the Officer's Deadline

    As far as I know, courts don't nag officers to file their papers, but I could be wrong... On average, it takes about 2-3 months to get the decision after you submit your TBD.

    I filed mine on Dec 14 last year. I called the court yesterday, and I was told it is with the comissioner waiting for the decision.

    Relax!

  3. #3
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: TBWD: When is the Officer's Deadline

    I agree with HA... In fact, the rule you cited in your post clearly states:

    Rule 4.210. Traffic court—trial by written declaration
    (b) Procedure
    (5) Instructions to arresting officer

    If the clerk receives the defendant’s Request for Trial by Written Declaration (form TR-205) and bail by the due date, the clerk must deliver or mail to the arresting officer’s agency Notice and Instructions to Arresting Officer (form TR-210) and Officer’s Declaration (form TR-235) with a copy of the Notice to Appear and a specified return date for receiving the officer’s declaration. After receipt of the officer’s declaration, or at the close of the officer’s return date if no officer’s declaration is filed, the clerk must submit the case file with all declarations and other evidence received to the court for decision.

    (8) Case and time standard
    The clerk must deliver or mail the Decision and Notice of Decision (form TR-215) within 90 calendar days after the due date. Acts for which no specific time is stated in this rule must be performed promptly so that the decision and Notice of Decision can be timely delivered or mailed by the clerk. Failure of the clerk or the court to comply with any time limit does not void or invalidate the decision of the court, unless prejudice to the defendant is shown.

    I don't see anything (subsection (5)) about notifying and re-notifying the officer... And to suggest otherwise... Well, I'm not gonna go there!

    You should also note that the clerk has up to 90 days (subsection (8)), from the initial due date, to mail the decision (in your case, it has only been 24 days). Even if it takes longer, you have no other choice but to wait your turn...

    In the interim, I wouldn't use the online status -not until it shows the outcome ("dismissed" or "convicted/prior")- as guidance. There is no rhyme or reason to the dates they post on there.

  4. #4
    Join Date
    Jan 2010
    Posts
    8

    Default Re: TBWD: When is the Officer's Deadline

    As I mentioned, I understand there's no time limit for the decision and I'm fine with waiting 90+ days.

    What I'm wondering about is the time limit for the officer to send in his report. I don't see that specified anywhere. Based on the rules it sounds like a date is set, and the officer is notified to submit a report by that date. What is that date? Is it is the same as my submit date? Is there any way of knowing?

    Why do I ask? Because I'd like to know the rules, and I'd like to know if the court arbitrarily extends the officers deadline.

  5. #5
    Join Date
    Apr 2009
    Location
    SF Bay Area
    Posts
    625

    Default Re: TBWD: When is the Officer's Deadline

    Even if the court does it, Rule 4.210(c) specifically allows the court to extend any due date without keeping any record of doing so. As far as I know, the officer gets a notice to respond by a certain date after the court receives your declaration. For what it's worth, I've never heard of courts going out of their way to make the officer submit the declaration. Most courts have way better things to do than babysit and prolong petty traffic cases.

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