Court Lost My TBWD Form

[randchap]

My question involves traffic court in the State of: California

First of all, thank you to everybody who posts on here. The advice gained has been invaluable in defending myself.

Simple background is that I was ticketed for 80 in a 65 in September of last year. Extended my 11/19 appearance to a 1/19 date, paid my fine online and requested tbwd on 1/13. Filed a discovery request with the LA County DA (which was denied of course). Upon this, I requested in writing an extension on my TBWD due date. Sent via certified mail, return receipt requested within appropriate timeframe (more than 10 court days in advance), the court never ruled on it.

Thus - I assumed my request was denied, and submitted my declaration to the court. Due date was the 16th, I sent it on the 8th. Return receipt was stamped on the 10th.

I looked at my status on the court's website and it shows that my case is in court trial with a new date of 3/26. I called the court to inquire and they stated that they never received my TBWD. As I have the return receipt, I know that they did indeed receive it.

Is my best bet, if this is the case, to wait the 90 days and then request a dismissal based on no action (as they apparently lost it and wouldn't respond)? My only concern with this is the possibility of my point being assessed on my DMV record and the process of getting that removed. DMV is always a nightmare.

Thanks for any advice!

[That Guy]

1st: and as far as I know, once a TBD date is set, there are no more extensions...

2nd: You do have a Return Receipt, however, the court might not buy the story that the item mailed was in fact, your completed declaration... (no pun or disrespect intended). But I will leave that for them to decide.

Lastly, there is quite a possiblity that your TBD was rejected due to the fact that you already had an extension...

I would call the court to see what, if anything, you should/can do to resolve it. Waiting is not going to resolve it... I mean, you better catch it before it gets to the DMV otherwise, it will be more difficult to get the point removed.

[randchap]

Part of my strategy on this is to extend as much as I can. First - if I can extend a decision past late March, I'll get my insurance renewed at a non-rate ticket. While I do have what I feel is a respectable legal reason for extension, it was not something I was necessarily expecting.

As for the return receipt, would the testimony of a friend (if it came to that) who was with me and reviewed everything that I packaged up be worth anything?

As for the rejection - the clert told me that they never got it and to call back in a couple days. I guess that truly is my best move...if things go sideways I'll be able to use my trial de novo anyway.

[randchap]

And the plot thickens...today's update is that the court granted me a one-month extension on the TBD to the 16th of March. AND claimed that they never received my declaration.

Looks like I'll need to show effort on my discovery efforts since I requested the extension for that purpose. Building my case...

[That Guy]

And the plot thickens...today's update is that the court granted me a one-month extension on the TBD to the 16th of March.

Cool... Good for you.