Trial de Novo: A New Trial and Second Chance of Winning Your Case
Â* Â* Section 40902(d) of the Vehicle Code states: If a defendant is dissatisfied with a decision of the court in a proceeding pursuant to this section, the defendant shall be granted a trial de novo."
Â* Â* If the judge finds you guilty after reading your declaration, you are automatically entitled to a new trial! Nowhere else in criminal law are you entitled to a new trial simply because you are unhappy with the outcome of the first trial. This is only a legal right in traffic infraction cases that begin as a Trial by Written Declaration. This "Trial de Novo" will be an in-person trial in which the judge hears evidence and testimony from yourself and the citing officer.
Â* Â* The legal right to a new trial has a host of advantages. If the officer does not show up at the new trial, your case is dismissed. By the time you get to a trial de novo, three to six months after you were cited, the officer may no longer remember significant facts of your case, leading to a dismissal. If the new judge at your second trial is fairer than the first judge and accepts your argument, he can dismiss the case or find you not guilty.
Even if you are found guilty at your second trial, the judge can still reduce your bail and assign you to traffic school.
Â* Â* To request a Trial de Novo, you must submit a form TR-220 (Request for Trial de Novo) to the court postmarked within 20 days of the mailing date of your guilty verdict. This form is available in our Ticket Assassin Shareware section or may be requested from the court.