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Trial de Novo following Trial by Written Declaration

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advicepls

Junior Member
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?
 


CdwJava

Senior Member
Being granted a new trial generally means you get another shot at the apple in whatever form you wish ... but, I can find nothing that prevents the court from simply re-examining the evidence already presented with a new judge/commissioner.

If you truly want to push for a new trial, you may have to hire an attorney. Nothing I can find actually prevents a court from doing what you say happened.

- Carl
 

SPORTcoupe

Junior Member
Taken from http://www.saccourt.com/traffic/Contesting/Contesting.asp:
"An appeal can be filed within 30 days only after being found guilty in a court trial. New evidence is not accepted on appeal. The appellate court's decision deals with the evidence offered and decisions made at the time of the trial."

It's actually the opposite.
An appeal such as the "Trial de Novo" can only use the evidence provided in the original trial.
No new eveidence may be submitted by either side.
 

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