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Anyone done a trial de novo?

This is a discussion on Anyone done a trial de novo? within the Speeding Tickets and Street Racing forums, part of the Sportbike Operation category; Lost my written declaration ticket for the first time in cali and now I can request a trial de novo. ...

  1. #1
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    Default Anyone done a trial de novo?

    Lost my written declaration ticket for the first time in cali and now I can request a trial de novo. Anyone done this?

    I'd rather not go to court but I don't want this ticket to hit insurance. I don't care about the points on my record.

    I already paid $240 for the ticket so I am not sure if I would have to pay even more to go to some kind of driving school.

  2. #2
    WaIt WaT?! R6Pirate's Avatar
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    Default Re: Anyone done a trial de novo?

    I've done it. What do you want to know?
    -Alex


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    Default Re: Anyone done a trial de novo?

    Do you send in the paperwork and then get a trial date?

    Can I somehow take a class so the points only hit my dmv record and not my insurance? Will the class cost even more money already on top of the ticket I paid?

    Is it even worth it to do at this point?

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    WaIt WaT?! R6Pirate's Avatar
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    Default Re: Anyone done a trial de novo?

    Ok, here's what i did because i wanted to make sure everything got filed on time. I filled out the form ( http://www.courtinfo.ca.gov/forms/documents/tr220.pdf ) and took it into the court office myself. It has to be turned in/filed within 20 days of the mailing date on your guilty verdict. When you turn in the form at the clerks window they will let you know how you will get your next court date. They might give it to you right on the spot when you turn in the form or they might mail you the specifics. Call in a week before the date they give you and see if you can get an extension. Main thing when fighting a ticket is extend extend extend. More info and reasons here: Fight Traffic Tickets / Contest Traffic Tickets with the Ticket Assassin: Your Guide to Fighting California Traffic Tickets & Contesting Traffic Citations in California

    When you go to court for the trial de novo, the officer will either show up or not. Hopefully you remember his face because if he shows up in court, tell the bailiff ASAP! that you wish to change your plea and that you wanted to inquire about taking traffic school. If you don't remember what he looks like, they will take roll by case, both your name and the officers will be announced and if he is present then go up to the bailiff at this point. It looks horrible for you if you are just wasting the officers/courts time. If you are not really fighting the case and just want to change your plea and ask for traffic school then make sure the bailiff knows as soon as you figure out if the officer is at present or not. The judge and bailiff will give out instructions prior to any cases being heard so don't be too nervous if you don't understand. You can always ask the bailiff any questions. Now it is a lot to do, if you want to just take traffic school, talk to the clerk. Call by phone if you like and see if they can change the option to take traffic school. When you filled out your TBD there was an option "If found guilty, request for traffic school," and since it doesn't sound like you marked that option and the guilty verdict has been made by a judge... the clerk might not be able to make the option available to you without you seeing a judge. The clerk will let you know if there is anything you can do. If not you have to go with the trial de novo.

    If you are eligible for traffic school (haven't taken traffic school in the past 18months,) yeah you can take a class. Yes the class will be more money... they will charge you a court fee for taking traffic school and separate from the court fee, you will need to pay for the traffic school class. The clerk will give you a list of traffic schools.
    -Alex


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    Default Re: Anyone done a trial de novo?

    Man Alex, thank you for all that info!

    I don't remember seeing that option in the TBD and I don't remember his face so that messes me up.

    I guess I will just deal with the ticket and hopefully win any future TBD. So far I'm 1-1 so it isn't too bad. Guessing all officers are filling out there paperwork now with how broke the state is. Gotta collect every last rip off of a cent.

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    WaIt WaT?! R6Pirate's Avatar
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    Default Re: Anyone done a trial de novo?

    Yeah, no prob. The option to take traffic school if found guilty was on the TBD form that i picked up from the court. If you don't care about taking the points and just dealing with it...might as well trial de novo. Won't hurt minus the time you take to file and go to court. The worst they can tell you is, sorry but you are still found guilty and because you wasted the courts time you still cant take traffic school. Fuck them though, it's your right and your tax/ticket $$ pays their salary's.
    -Alex


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    Default Re: Anyone done a trial de novo?

    Guess that's true but at this point all the little time I have is best used trying to do something productive and not have to sit and deal with the court. Court and the dmv are the two places I hate most!

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