CA - Trial De Novo Questions

[miner2049er]

CALIFORNIA

Hello,

For a speeding infraction about three months ago, I decided to fight my ticket, and go the Trial By Declaration route. I recently received the Notice of Decision, and was still found Guilty.

I was accused of going 51 MPH in a 25 MPH (construction) zone, according to the officer's RADAR.

In my Trial By Declaration notes, which were quite lengthy, I detailed how the officer's RADAR could have caught another vehicle in the medium traffic level (or the RADAR could have been malfunctioning.)

I was going 30 MPH, and because I was keeping up with the surrounding traffic, my argument is that I was "traveling at a Safe and Reasonable speed for conditions at the time of my stop, and not endangering life and property, and was therefore not in violation of the Basic Speed Law."

I am now filing a Trial de Novo to have this heard in regular court.

A few questions:

(1) Can anybody tell me how this $270 fine was calculated?

(2) If found Guilty, can this fine be increased at by the judge at the upcoming trial?

(3) I am hoping for a dismissal, or a fine reduction and traffic school (for going 30 MPH in a 25 MPH zone.) How do I make this (dismissal or fine reduction) known to the judge at court?

(4) I was given the option of traffic school in my Guilty decision. Can this be taken away at my new trial if found Guilty again?

(5) In an email question about the RADAR I sent to the Traffic Bureau seargant, she replied saying "Regarding the radar calibration, the officers calibrate their units with tuning forks before they start their work shift. This is an informal procedure and no records are kept on this calibration. The officer may make note of the calibration on the back of the citation, but he is not required to."

But in the citing officer's Trial By Declaration notes that I just obtained, he writes that the "Equipment accuracy check was conducted on 5-2-02 at 0700, and again on 5-2-02 at 17:30"

How would the officer know/remember these details amongst all of the other citations he made, and is this anything I can use in court?

(6) There are other facts in the officer's Trial By Declaration notes that are wrong, and I would like to know how, and in what manner, I can bring these to the judge's attention.

For example, the officer says he was parked in the center median when taking the RADAR reading, but I saw him and a colleague parked on the right side of the road. He also said that I had admitted going 35 MPH, when in fact I only ever said "30 MPH" in my conversation with the officer.

Thanks for reading this!

Simon.

 

[JETX]

Q1) "Can anybody tell me how this $270 fine was calculated?"
A1) Yes. The court should be able to.

Q2) "If found Guilty, can this fine be increased at by the judge at the upcoming trial?"
A2) Yes. A 'trial du novo' is a brand new trial as if the first never occured. So, any fine that could be imposed is available to the court.

Q3) "I am hoping for a dismissal, or a fine reduction and traffic school (for going 30 MPH in a 25 MPH zone.) How do I make this (dismissal or fine reduction) known to the judge at court?"
A3) You don't. If you decide to 'plea bargain' to a reduced sentence, that is done with the prosecutor before trial.

Q4) "I was given the option of traffic school in my Guilty decision. Can this be taken away at my new trial if found Guilty again?"
A4) Yes. See A1.

Q5) "In an email question about the RADAR I sent to the Traffic Bureau seargant, she replied saying "Regarding the radar calibration, the officers calibrate their units with tuning forks before they start their work shift. This is an informal procedure and no records are kept on this calibration. The officer may make note of the calibration on the back of the citation, but he is not required to."
But in the citing officer's Trial By Declaration notes that I just obtained, he writes that the "Equipment accuracy check was conducted on 5-2-02
at 0700, and again on 5-2-02 at 17:30"

How would the officer know/remember these details amongst all of the other citations he made, and is this anything I can use in court?"
A5) Because he noted the tuning calibration in his duty book. That is a very common practice.

Q6) "There are other facts in the officer's Trial By Declaration notes that are wrong, and I would like to know how, and in what manner, I can bring
these to the judge's attention."
A6) By putting the officer on the stand and having him testify.