Traffic Court ignores my Request for Trial De Novo

[tommyboy25]

I was cited for a moving violation in Los Angeles County, California and contested it with a Trial by Written Declaration (TBD). I would have appeared personally but I live in No. California, so TBD seemed the way to go. I was found guilty on December 26, 2006, and the Court Clerk sent me the Notice of TBD Decision on January 4, 2007. I then sent a Request for Trial De Novo to the Court by certified mail; the signed return receipt shows the Court received my new trial request on January 22 - timely within 20 days of the Clerk's January 4 certification date, as required. My spouse was with me when I mailed the Request, so she is a witness as to the content of that piece of certified mail.

Today I received a form letter from the Court stating that my case is closed and no further action is required - they have ignored my Request for Trial De Novo which CVC 40902(d) says I must be granted upon request!! On the phone the Clerk's office rudely claims they have no record of my Request, they won't give me a court date to bring this issue to the Judge, and I can't appeal because it is now more than 30 days past entry of the TBD guilty judgment. So all I have is a photocopy of the Request, the Return Receipt signed by the Court proving that "something" from me was delivered to the Court on 1/22/07, and my spouse as witness.

Any suggestions on what I can do to get my case reopened?

I'm not sure if it is an incompetance issue or actual miscondcut.... Having a certified letter of the transmittal is usually the required backup in the event of a mis-filing. Would they acknowledge receiving anything on the 22nd?

I have no idea of how you would get your trial now. have to look at the 40902 section closer - it may take filing for a court order.

[Jim_bo]

I think you should resend the request for a Trial De Novo via certified mail w/ return reciept and include the evidence that you have already requested one within the alloted time. Also, I would make the statement that you believe the court's denial of your request will constitute grounds for appeal. This is not a threat, rather a statement that you should be willing to follow through with.

Jimbo

[Jim_bo]

The following site gives step by step directions on how to file your appeal:

[url]http://helpigotaticket.com/appeal/index.html[/url]

[tommyboy25]

Thanks. It does seem like misconduct to me, particularly since the Clerk waited for 30 days to run past the December 26 judgment of guilty on my TBD before contacting me. Now I am over the time limit for appeal. Of course, they also did not update the case status on their website. I like the suggestion to resend the Request for Trial by certified mail with full documentation and a statement that I will appeal if denied. At least the Clerk won't be able to just hang up on me that way. Do you think I would get any mileage out of also sending it to the City Attorney and/or the Chief Judge for the County?

I still can't believe it. They think nothing of violating a person's right to due process under the law just so they can keep the bail. The traffic violation I allegedly committed pales in comparison to their violation of my rights.

[Jim_bo]

This kind of stuff happens all the time. However, most of the time people just accept it and move on. Rarely do people hold the "system" accountable. I do. And I hope you do as well. You need to make them understand that just dismissing you is NOT the quickest way for them to get rid of you.

Jimbo