Officer wrote date/name incorrectly on ticket-dismissal?

[dave la]

Im in california/los angeles.
Okay this is part 2 of my other thread which was closed...
Stop sign ticket aug 18...officer made a bunch of typos and the date was 2008... anyway i went to court on the date ticket said i had to appear by...ticket was not in the system.So i got a receipt from the court that says i appeared on due date...Now on oct 6 i get a letter that says ticket is due oct 1-its in the system etc...this is after the fact of oct 1...so i would like to fight this ticket...Can i still file a trial by declaration now that the ticket is past due(even though that was caused by their delay and typos)?

 

[I_Got_Banned]

Now on oct 6 i get a letter that says ticket is due oct 1-its in the system etc...this is after the fact of oct 1...so i would like to fight this ticket...Can i still file a trial by declaration now that the ticket is past due(even though that was caused by their delay and typos)?

Well, since you did in fact appear on 10/01 and can in fact show proof that you did make the appearance, then you should still be good as far as requesting a TBD.

I would contact the court ASAP and make that request immediately. What might happen is that you will receive another (yellow) courtesy notice from the court, (that will likely be issued on October 10th - 10 days from your scheduled appearance date), giving you an additional 10 days from the date of that (yellow) letter to either pay or plea.

So theoretically, you have until October 20th to handle it (before a hold is placed on your license by the court)... By why wait that long? Get to it NOW!!!

 

[Jim_bo]

As per rule 4.210, you are technically too late:

The defendant must file a Request for Trial by Written Declaration (form TR-205) with the clerk by the appearance date indicated on the Notice to Appear or the extended due date as provided in (2). The Request for Trial by Written Declaration (form TR-205) must be filed in addition to the defendant's written request for a trial by written declaration, unless the defendant's request was made on the election form.

However, given your circumstances, you should go immediately and do what IGB is telling you.

 

[dave la]

Can i get an extension FIRST then do a TBD?Thanks

 

[Jim_bo]

If you can get an extension... yes.