What is the name of your state (only U.S. law)? California
Hello all I am trying to fight a 22349 (a) states above max speed
I paid the fine and selected not guilty trial by declaration. However I think I picked the wrong option, because a written trial by declaration might not go in my favor so it seems. I am assuming it might not, I hope I am wrong. I selected this option in hopes of actually appearing in court with a plea. Funny thing is on the TBD date which was 12/26/08 I had to chose a am or pm or night court. funny how both am and pm are scheduled all the way until april, so rather than wait that long I selected night court which was the only soonest option available. Now the date scheduled which is next month, I actually appear in court. I was given the room to appear in. So my question or one of the few questions I have is. If i am getting a written tbd why do I have to appear in court still?. back on dec 5th I submitted a request for discovery to the District Attorneys office I was cited by the CHP. I received a response to my request for discovery by the district attorneys office stating they do not handle traffic requests. I did certify the letter and delivery confirm the request for discovery. Now is there any other agency I am supposed to send this request for discovery?. I am not sure what else to do from here?. I did receive another letter from the courthouse with this piece of information.
1. [X] We have received your request to plead "Not Guilty"
2. [X] We have received your request for a [Blank] court trial (both parties present) [X] Trial by Declaration (no appearance, written declarations only). [] Summary Trial* (officer not present).
in bold caps it says:
IT IS YOUR RESPONSIBILITY TO MEET THE INDICATED REQUIREMENTS BELOW BY (January 21, 2009) IF YOU ARE UNABLE TO COMPLY WITH ANY OF THE ITEMS CHECKED BY THIS DATE YOU MUST CONTACT THE COURT AT LEAST 10 COURT DAYS BEFORE YOUR SCHEDULED DATE.
6. [X] Regarding the Trial by declaration, you MUST complete and return the enclosed Trial by Declaration form to the Court. You will be notified by mail of the Court's ruling.
Now heres the thing I still have to appear in court Feb 5th so that's why im confused?. Any insight or help is greatly appreciated, I received a TR200 form and the next page is a TR205 form, I will scan and post later on.
____________________________________
Now im wondering what is my best strategy, and also to just go in person tomorrow on my lunch break and see if I can get a trial and retract the online plea that was stated?. again not sure whats my best angle. Am I screwed or is there some sort of hope for me. Any insight is much appreciated... A freaking out new forum user.
Hello all I am trying to fight a 22349 (a) states above max speed
I paid the fine and selected not guilty trial by declaration. However I think I picked the wrong option, because a written trial by declaration might not go in my favor so it seems. I am assuming it might not, I hope I am wrong. I selected this option in hopes of actually appearing in court with a plea. Funny thing is on the TBD date which was 12/26/08 I had to chose a am or pm or night court. funny how both am and pm are scheduled all the way until april, so rather than wait that long I selected night court which was the only soonest option available. Now the date scheduled which is next month, I actually appear in court. I was given the room to appear in. So my question or one of the few questions I have is. If i am getting a written tbd why do I have to appear in court still?. back on dec 5th I submitted a request for discovery to the District Attorneys office I was cited by the CHP. I received a response to my request for discovery by the district attorneys office stating they do not handle traffic requests. I did certify the letter and delivery confirm the request for discovery. Now is there any other agency I am supposed to send this request for discovery?. I am not sure what else to do from here?. I did receive another letter from the courthouse with this piece of information.
1. [X] We have received your request to plead "Not Guilty"
2. [X] We have received your request for a [Blank] court trial (both parties present) [X] Trial by Declaration (no appearance, written declarations only). [] Summary Trial* (officer not present).
in bold caps it says:
IT IS YOUR RESPONSIBILITY TO MEET THE INDICATED REQUIREMENTS BELOW BY (January 21, 2009) IF YOU ARE UNABLE TO COMPLY WITH ANY OF THE ITEMS CHECKED BY THIS DATE YOU MUST CONTACT THE COURT AT LEAST 10 COURT DAYS BEFORE YOUR SCHEDULED DATE.
6. [X] Regarding the Trial by declaration, you MUST complete and return the enclosed Trial by Declaration form to the Court. You will be notified by mail of the Court's ruling.
Now heres the thing I still have to appear in court Feb 5th so that's why im confused?. Any insight or help is greatly appreciated, I received a TR200 form and the next page is a TR205 form, I will scan and post later on.
____________________________________
Now im wondering what is my best strategy, and also to just go in person tomorrow on my lunch break and see if I can get a trial and retract the online plea that was stated?. again not sure whats my best angle. Am I screwed or is there some sort of hope for me. Any insight is much appreciated... A freaking out new forum user.