After losing a TBD, are officers required to show up at a trial de novo?

[Jm3]

If I were to lose a trial by declaration and request a new trial (trail de novo), is the citing officer required to show up at that trial? do the same rules apply if the officer fails to show up? would my citation then be dismissed?

or would the judge/commissioner go back and look over the written arguments to reach their decision.

[Sidesaddle]

Yes, he/she would also need to show up. Might as well try it. Hopefully the officer will be on overtime.

[Burning1]

If I were to lose a trial by declaration and request a new trial (trail de novo), is the citing officer required to show up at that trial? do the same rules apply if the officer fails to show up? would my citation then be dismissed?

or would the judge/commissioner go back and look over the written arguments to reach their decision.

A Trial De Novo will be a trial treated as if your trial by written declaration had never been filed. You actually have a slight advantage, in that you can pull the officer's response to your Trial by Written Declaration and use it as evidence in the case. So long as you haven't already waived your right to a speedy trial, you even have that.

[GhostRider510]

from my exp., the judge will read both sides arguments that was used in the TBD prior to "trial de novo".


goodluck

[Mad Mac]

Yes, he/she would also need to show up. Might as well try it. Hopefully the officer will be on overtime.

So is that suppose to be funny or what.

[Rel]

The judge is not allowed to read the TBD prior to the de Novo trial. The de novo trial is a new trail. If you want to bring the TBD response into the trial, then the officer and Judge will be allowed to bring it up. I always bring my copy of the TBD response, just in case it does come up.

Overtime is a good thing, not a bad thing.

[Sidesaddle]

So is that suppose to be funny or what.

No. I was just thinking out loud how I like to be on overtime when I go to Court.

I hope everyone takes me to court. Was I thinking out loud again?

[Jm3]

The judge is not allowed to read the TBD prior to the de Novo trial. The de novo trial is a new trail. If you want to bring the TBD response into the trial, then the officer and Judge will be allowed to bring it up. I always bring my copy of the TBD response, just in case it does come up.

Overtime is a good thing, not a bad thing.

Rel,

it sounds like the citing officer's presence is required in order for the infraction to go through. if the officer doesn't show up, can i assume the case is dimissed?

[Rel]

Rel,

it sounds like the citing officer's presence is required in order for the infraction to go through. if the officer doesn't show up, can i assume the case is dimissed?

The officer would be required to be at the trial. The officer has to prove all the elements of the crime, just as the officer did in the TBD. If the officer doesn't show, then there can be no prosecution.

[Jm3]

thanks for the quick reply.

now bring back your stewie avatar! lol