I requested a Trial de Novo for my red light camera ticket. They could not see the face of the driver in the picture they sent me because the person's arm (that of the driver) was covering the driver's face, but they still found me guilty in a trial by written declaration. So I am contesting it and the court date is this Friday, the 19th. I suppose I could ask for more time so that I could find a lawyer, but I will be traveling back east for the holidays, and would like to take care of this before I leave on the 22nd.
When I asked for the trial de novo in person, they offered me a date that was within the 45 day period, but I said that I did not think I would be in town then. They then gave me another date that was more than 45 days away and did not ask me to sign a waiver. Does this mean I am able to use this to my advantage and ask that the case be dismissed on this basis? If so, how do I go about doing that? Can I submit something before the day of the case so I don't have to chance it by asking the judge at the time of the trial? Or should I ask at the time of the trial, and if the judge does not grant it, I ask for more time to find a laywer?
I do have a 12 hour traffic course option if I want to take that. I'm assuming that they would offer that to me right before the trial like they always do. It's an easy money maker for them, and helps them save time. Am I right in assuming that? Are trial de novo's handled the same as regular traffic court trials?
I would, however, like to do everything I can on my own to fight this ticket, short from going to trial, as the ticket was over $400. I know of a good defense, but I don't have the cash for a lawyer, and I know from experience that if you do not have a lawyer with you, no matter how good your case is, they will still find you guilty because the state needs the money. I have even been told by lawyers that they are losing more because of that. So I do not want to chance it, because if this point goes on my license, it will cause me to lose my license. It is my fourth point in a year.
Also, what are the chances that the cop assigned to this ticket does not show up?
When I asked for the trial de novo in person, they offered me a date that was within the 45 day period, but I said that I did not think I would be in town then. They then gave me another date that was more than 45 days away and did not ask me to sign a waiver. Does this mean I am able to use this to my advantage and ask that the case be dismissed on this basis? If so, how do I go about doing that? Can I submit something before the day of the case so I don't have to chance it by asking the judge at the time of the trial? Or should I ask at the time of the trial, and if the judge does not grant it, I ask for more time to find a laywer?
I do have a 12 hour traffic course option if I want to take that. I'm assuming that they would offer that to me right before the trial like they always do. It's an easy money maker for them, and helps them save time. Am I right in assuming that? Are trial de novo's handled the same as regular traffic court trials?
I would, however, like to do everything I can on my own to fight this ticket, short from going to trial, as the ticket was over $400. I know of a good defense, but I don't have the cash for a lawyer, and I know from experience that if you do not have a lawyer with you, no matter how good your case is, they will still find you guilty because the state needs the money. I have even been told by lawyers that they are losing more because of that. So I do not want to chance it, because if this point goes on my license, it will cause me to lose my license. It is my fourth point in a year.
Also, what are the chances that the cop assigned to this ticket does not show up?
