Criminal Trials, Hearings Trial by declaration - traffic violiation

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annie6788

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I'm a paralegal student with a police officer boyfriend. We put our heads together to get my bogus ticket dismissed. How did we do?

The letter:

I respectfully submit this written declaration to the Court pursuant to CVC 40902. I plead Not Guilty to the charge of violating CVC 22349(b).
The facts of my case are as follows: While driving west bound on State Route 46 at approximately 1600 on 10-02-2008 transporting the pastor of my church to a convention, I was stopped by CHP Officer Agredano (I.D.#13984) and charged with violating CVC 22349(b), "Exceeding 55 MPH Max Speed Limit." Officer Agredano pulled me over after acting very unsure as to which vehicle he was instructed to pursue. At the time of the traffic stop, he stated, "I clocked you going 55MPH, but an airplane had clocked you going 83MPH a few miles back." He reluctantly informed me that he had to cite me because Officer Warren had instructed him to do so. He seemed unsure because he had clocked me going 55MPH. Officer Agredano failed to mark the box "Violations not committed in my presence, declared on information and belief," but wrote on his citation that my approximate speed was 83MPH after stating he had clocked me going the speed limit of 55MPH.

In any case, if Officer Warren does not testify in his statement that he followed my vehicle until the actual stop to ensure Officer Agredano pulled over the car Officer Warren alleges was speeding, I ask the Court to dismiss this case for lack of sufficient and reliable evidence.

If either Officer Agredano or Officer Warren fails to submit a Written Declaration, I ask the Court to dismiss this case for lack of evidence.

I ask the Court dismiss this case for lack of reliable evidence due to the incorrect notation by Officer Agredano on the ticket where he failed to mark the box "Violations not committed in my presence, declared on information and belief."

If the court does not find in my favor in this case, I request a Trial de Novo.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
 
I suspect this was dismissed due to the request for a trial de novo - not sure what the de novo means, but the trial is what they seemingly don't want. If they can't trick you into admitting guilt by a plea bargain or by default, they don't think it's worth it to pursue. Just like a lawyer who isn't handed a practically pre-won case on a silver platter (or even if he is and it takes time) doesn't want to be bothered.
 
Grammy, I think they were asking how they did in crafting a letter for their written declaration to make a case for a dismissal. As I understand it they were asking for opinions on their work (that they will be submitting) and not stating that it DID work.

And a 'trial de novo' is a new trial. If the trial by written declaration fails, then they can ask for a bench trial ... in other words, they get to start all over again.

- Carl
 
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