What is the name of your state? CA
I lost my Trial by Written Declaration and Trial de Novo and now I am in the Appeals process for a speeding ticket.
During the Trial de Novo, the judge reread both my Trial by Written Declaration as well as my witness' Trial by Written Declaration (who also got a ticket but was acquitted) and is using seemingly conflicting evidence between the written documents as compared to the verbal testimonies presented in court as grounds for judgment against me.
I was under the impression that the Trial de Novo is a "new" trial which cannot use evidence from either Trial by Written Declaration - is this correct? Can the Appeal reference either Trial by Written Declaration or only what went on in court at the Trial de Novo?
I lost my Trial by Written Declaration and Trial de Novo and now I am in the Appeals process for a speeding ticket.
During the Trial de Novo, the judge reread both my Trial by Written Declaration as well as my witness' Trial by Written Declaration (who also got a ticket but was acquitted) and is using seemingly conflicting evidence between the written documents as compared to the verbal testimonies presented in court as grounds for judgment against me.
I was under the impression that the Trial de Novo is a "new" trial which cannot use evidence from either Trial by Written Declaration - is this correct? Can the Appeal reference either Trial by Written Declaration or only what went on in court at the Trial de Novo?