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  #1  
Old 09-29-2005, 06:19 AM
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How request a trial del novo after time window..


What is the name of your state? California

I received a speeding ticket a while ago the details of which i will not get into, but suffice it to say i was in the right. a sample of the conversation i had with the ticketing officers went something like this:

me: can i see your radar reading?
officer: no, we don't have one
me: why did you clear the reading?
officer: we didn't take the reading, the radar unit did
me: can i see their reading?
officer: no they didn't use radar.
me: then how did they clock me?
officer: that's irrelevant...

anyways i submitted a trail by declaration with the standard non-detailed denial of the charges. on the form it made no mention of when i would hear a reply. months later i haven't heard back from there so i call the traffic department and they the decision was mailed a month ago and that my time window to request a trail del novo has passed.

i send a letter to the county judge explaining the situation and requesting a trail del novo and that was denied. so my question is what are my options. can i file an appeal even though i did not receive an initial trial? furthermore what is their legal claim to the fact that their letter was mailed at all. they did not send it by certified mail nor did they multiple notices how can they even prove or expect that the letter had indeed reached its recipient?

thanks for your help

dave
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  #2  
Old 09-29-2005, 09:19 AM
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You need an attorney now. And I hope your defense is not about seeing the radar gun. The officer is correct, he does not have to show it to you.
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  #3  
Old 09-29-2005, 02:44 PM
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i understand he doesn't have to show it to me, but the fact that he could not coherently explain how the reading was made puts his credibility greatly at stake
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Old 09-29-2005, 02:49 PM
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Join Date: May 2000
Location: Catatonic State
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Quote:
Originally Posted by dvdfu
i understand he doesn't have to show it to me, but the fact that he could not coherently explain how the reading was made puts his credibility greatly at stake

**A: no it does not. And your theory is not relevant as you will soon find out when you go to court.
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