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Can i appeal a trial by written declaration decision instead of requesting a trial de novo?

Fresno, CA |

I filed a TWD with supporting evidence and it was received on March 18, 2012. I was also found guilty on March 18, 2012. I think this shows that there was not even a statement required from the CHP that issued the ticket. Instead of driving 200 miles to for a new court case, which seems very likely to have the same ending, can I just file an appeal regarding the TWD? I believe the court did not follow the law when the found me guilty without any statement from the officer. I was very careful not to incriminate myself in my TWD.

Thank you,

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Attorney answers 3

Best Answer
Posted

If you think there was no statement from the officer, you can contact the court and get a copy of the officer’s declaration from the court file. Then you can use information to prepare for your trial de novo.

Posted

The officer must have responded or you would have been found not guilty. You must have a trial de novo to appeal.

Posted

You will need to hire an attorney. Otherwise, your chances of winning pro per is very low. Good luck.

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