CA Trial By Written Declaration Clarification

State: California

After submitting a Written Declaration does only a judge get to read it or does the officer who wrote the ticket get to read it also?

Also, after requesting a Trial de Novo is it possible to get a continuation more than once?

Is it true that Friday is the best day to get the court date set in hopes that the officer doesn't show, or is it really all the same odds?

fairuza said:

After submitting a Written Declaration does only a judge get to read it or does the officer who wrote the ticket get to read it also?

Click to expand...

Generally, only the judge. The officer writes his bit, the defendant writes his bit, and only if the judge has a question will the officer generally be contacted for anything further.

The disadvantage for the defendant is that they cannot cross examine the officer or obtain evidence.

Also, after requesting a Trial de Novo is it possible to get a continuation more than once?

Click to expand...

It's possible, but you may want to be very careful so the judge might get miffed.

Is it true that Friday is the best day to get the court date set in hopes that the officer doesn't show, or is it really all the same odds?

Click to expand...

You don't usually get the option of which day of the week - the court tells you the date. Hearings tend to be set for particular days and times of the week. And since few officers have the weekends off, Friday means very little.

Where I used to work in San Diego County, traffic dates for my region was only heard on Wednesdays, as I recall. Where I work now, they are held on Tuesday.

- Carl

Thanks for the reply. Good to know the officer can't read the written declaration, it seems more fair that way.

How long does the officer have to file the TR235

City/State--San Jose CA

I'm currently waiting to hear back on my TR205 filing and was wondering how long the officer has to respond and how can I find out the date the TR235 (officer's statement of fact) was filed.

Re-post

Tony.. start your own thread or put this on your previously posted
thread... so you will get your own responses.

I am not happy with the outcome of my trail by written declaration and requested a trial. My violation is a failure to stop at red light before making a right turn and I was caught on one of the money making traffic enforcement cameras.

By California law, am I entitled to the written testimony of the opposing party in preparation for my trial hearing?

Thanks,
Michael

mishonio said:

I am not happy with the outcome of my trail by written declaration and requested a trial. My violation is a failure to stop at red light before making a right turn and I was caught on one of the money making traffic enforcement cameras.

By California law, am I entitled to the written testimony of the opposing party in preparation for my trial hearing?

Thanks,
Michael

Click to expand...

Please start your own thread.

mishonio said:

I am not happy with the outcome of my trail by written declaration and requested a trial. My violation is a failure to stop at red light before making a right turn and I was caught on one of the money making traffic enforcement cameras.

By California law, am I entitled to the written testimony of the opposing party in preparation for my trial hearing?

Thanks,
Michael

Click to expand...

Which part of the following post did you not understand?

ENASNI said:

.. start your own thread... so you will get your own responses.

Click to expand...

mishonio said:

By California law, am I entitled to the written testimony of the opposing party in preparation for my trial hearing?
l

Click to expand...

Yes. You do not even have to do the thing called "discovery". The testimony is already in your court file, and you have the right to see that file at the courthouse.

Be prepared to stand your ground. Clerks will tell sometimes tell you that you aren't allowed to see your file, or that you can't see certain things in it, or that you can't make copies. You may need to be insistent.