CA: Trial de novo guaranteed?

[element533]

I was found guilty in a trial by written declaration. The vehicle code states:

Section 40902(d): If a defendant is dissatisfied with a decision of the court in a proceeding pursuant to this section, the defendant shall be granted a trial de novo.

However, a lawyer I spoke with told me that the court still has the discretion to deny a trial de novo. How can that be if the vehicle code explicitly states that I am granted a trial de novo?

Basically I'm wondering if I should spend $250 to have the lawyer submit an appeal or if I have the same chances by just filling out the form myself for free.

 

[seniorjudge]

I was found guilty in a trial by written declaration. The vehicle code states:

Section 40902(d): If a defendant is dissatisfied with a decision of the court in a proceeding pursuant to this section, the defendant shall be granted a trial de novo.

However, a lawyer I spoke with told me that the court still has the discretion to deny a trial de novo. How can that be if the vehicle code explicitly states that I am granted a trial de novo?

Basically I'm wondering if I should spend $250 to have the lawyer submit an appeal or if I have the same chances by just filling out the form myself for free.

You have a statute that says a trial de novo must be granted.

Ask the lawyer to provide you with a statute that says otherwise.

 

[NotACopOrLawyer]

I agree that you have the RIGHT to a trial de novo ("TDN"), although I don't think that they will send you a TDN trial date without you asking. And I think there is a fairly short deadline to ask. So go do it!

For general questions about fighting tickets in CA I highly recommend Fight Your Ticket by David Brown, available at your local library.

For some website info about trial by declaration and the deadline to ask for a TDN, see the Your Ticket page at highwayrobbery.net , and also look around at HelpIGotATicket.com

I got the feeling you might be confusing Trial de Novo and Appeal. TDN is a new trial, possibly in front of the same judge who handled your TBD! TDN is what you want to do now. Then if you lose your TDN, you could appeal. An appeal generally involves a lot of writing. $250 is quite a low price. But I am not sure I would depend upon a lawyer who didn't know that you have the right to a TDN.

If you don't want your TDN to be in front of the same judge who ruled against you in your TBD, you may POSSIBLY be able to do a Peremptory Challenge, to get him off your case. I'm not sure of that, though. You could be stuck with him, because he has already handled the TBD. Senior Judge?

NACOL

 

[element533]

Thanks for the replies. I'm sure the lawyer knows the difference between Appeal and TDN, but he's probably just trying to make an extra buck. He told me that I am free to file it myself, but there would be a greater chance that the court would deny it. I think he's just trying to confuse me.

Is there a Sacramento area traffic law firm that you would recommend?

 

[NotACopOrLawyer]

Robert Pacuinas is traffic atty in Sacto. Ex CHP officer.

Name pronounced pah-soon-as.

NACOL