Trial de Novo Denied?
Posted: Tue Oct 06, 2009 8:56 pm
So I got a speeding ticket a while back, did the TBWD thing and lost. I sent in the form for a trial de novo by certified mail within 5 days of getting the notice of the verdict. I still have the receipt and the tracking number saying that the court received it the next day. I called on Day 21 (one day after you can request a trial de novo) and they said they never got the first form, so I went to the court in person and dropped a copy of the original with a notation that the original had been sent by certified mail.
That was on 7/14. Snce then I've heard nothing from the court, and every time I call, they say the form is still "in chambers." Seems to me like this should be a slam dunk to get it on the docket under normal circumstances, so now I'm thinking they're going to try and deny my trial de novo paperwork and hope I forget.
My question is, since a trial de novo is my legal right under California law, and I have proof that I sent the required paperwork in well within the required time, what is my legal recourse if they try to deny my request? What's next? Who do I appeal to?
That was on 7/14. Snce then I've heard nothing from the court, and every time I call, they say the form is still "in chambers." Seems to me like this should be a slam dunk to get it on the docket under normal circumstances, so now I'm thinking they're going to try and deny my trial de novo paperwork and hope I forget.
My question is, since a trial de novo is my legal right under California law, and I have proof that I sent the required paperwork in well within the required time, what is my legal recourse if they try to deny my request? What's next? Who do I appeal to?