Help! I Got a Ticket
, CA
, Traffic Clerk
, CA
Dear :
I am in receipt of your letter dated (copy attached).
Your letter raises one very serious question: By what right and under whose authority are you violating the Rules of Court and state law?
Per Rule of Court 4.210(b)(2):
If the clerk receives the defendant's written request for a trial by written declaration by the appearance date indicated on the Notice to Appear, the clerk must, within 15 calendar days after receiving the defendant's written request, extend the appearance date 25 calendar days and must give or mail notice to the defendant of the extended due date on the Request for Trial by Written Declaration (form TR-205) with a copy of the Instructions to Defendant (form TR-200) and any other required forms.
Since the letter you received on was my written request for a trial by written declaration, per the above Rule you “must” extend the appearance date by 25 days and mail me forms TR-200 and TR-205.
Instead you sent me a letter stating:
This is most interesting because it conflicts with both:
Rule of Court 4.210(b)(4) :
The defendant must deposit bail with the clerk by the appearance date indicated on the Notice to Appear or the extended due date as provided in (2).
and Vehicle Code 40902(b):
(b) If the defendant elects to have a trial by written declaration, the defendant shall, at the time of submitting that declaration, submit bail in the amount established in the uniform traffic penalty schedule pursuant to Section 40310. If the defendant is found not guilty or if the charges are otherwise dismissed, the amount of the bail shall be promptly refunded to the defendant.
In other words, my bail is (per the Rules of Court and the Vehicle Code) due at the time I submit my declaration, not before the trial date is set.
Please note that I cited the above Rule and Vehicle Code section in my letter of . I ask once again, by what right and under whose authority are you violating the Rules of Court and state law?
I will repeat my request made in my letter of :
Per said rule, I expect to receive from you my appearance date along with forms TR-200 and TR-205. You may mail them to my address found above.
Please also include a statement as to the amount of bail so that, per Vehicle Code section 40902(b) and Rule of Court 4.210(b)(4), I may enclose it with my TR-205.
Per Rule 4.210(b)(2) you should have done this by , so I would appreciate a prompt reply.
Sincerely,
Encl:
letter dated
cc:
Hon. , Presiding Judge, [call court for name and address]
Superior Court of County
CA
Commission on Judicial Performance
455 Golden Gate Avenue, Suite 14400
San Francisco, CA 94102
Hon. Tani Cantil-Sakauye, Chief Justice
Supreme Court of California
350 McAllister Street
San Francisco, CA 94102-4797
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