Page 1 of 1

Trial de Novo Denied?

Posted: Tue Oct 06, 2009 8:56 pm
by Kurt Rahn
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?

Re: Trial de Novo Denied?

Posted: Wed Oct 07, 2009 2:49 pm
by Craig Naylor
I submitted my TBWD in Feb '09, it wasn't decided until late July or early August (don't feel like searching the archives to see when I posted about it). Still waiting for my "bail" back. Since I don't recall the exact date, not sure if the 90 days hand written over the reprinted 30 days has passed.

The wheels of justice seem to be lubricated by molasses these days (or at least here in LA).

Re: Trial de Novo Denied?

Posted: Fri Oct 09, 2009 3:46 pm
by Q V
Image

i just wanted to post that pic. maybe the case will get thrown out, good luck!

Re: Trial de Novo Denied?

Posted: Fri Oct 09, 2009 7:22 pm
by Kurt Rahn
Actually, I just heard that my trial was granted. I was getting prepared for a fit of moral outrage, but no need.