TR-205: question about "timely manner"

[NUIpIsqo]

So what exactly is timely manner? My gf got a ticket a long time ago. She mailed in a trial by written declaration in November 11th, only to get it back yesterday and found guilty.

I understand that if LEO or whoever does not respond to a TR-205 in a "timely manner", case will be dismissed.

It was more than 4 months before she got a response, a good 120 days.

My question is this... what is timely manner? and should she try to get it dismissed on the basis that her TR-205 was not in fact responded to in a "timely manner?

Thanks for the help.
Freddy.

[altomista]

Hey Freddy, you have 20 days from the date stated in the clerk's certificate of mailing to request a new trial (trial de novo), if you want to contest it again. You'll need form TR-220.

If you need help with it, PM me.

[NUIpIsqo]

I'll do a Trial DeNovo, but is 120 days "timely manner"? I just want to get this cleared up.

[altomista]

The clerk could have taken his time getting around to it. Then again, the court system is pretty backed up.

When you go in to turn in your TR-220 (hopefully in person), you can request the officer's statements from the clerk. You can find out then if the officer took his time as well.

[JPM]

How do you know the officer took 120 days to turn it in?
Usually when the officer gets the notice they have to be done in 2 weeks. Once both sides (The officer and you) have submitted your statements and a judge makes a decision your trial is done; no right to a speedy decision. Sounds like that how long it takes to process the decision and paperwork at your court.

[NUIpIsqo]

it was a camera light, so i guess we'll see. thanks for the help. peeps

[OldFatGuy]

I'm pretty sure that when you do a TBD, you waive your right to a speedy trial. So a "timely manner" can be whatever they want it to be.

*EDIT*
I just read here (http://www.helpigotaticket.com/declar/declare.html) that they have to mail the decision to you within 90 days of your due date.