Legal Question in Traffic Law in California

I received a ticket from CHP for allegedly driving in the HOV without a HOV sticker (it's not a low emissions vehicle, but that's how the charge is worded in the vehicle code).

I missed my arraignment date on the citation because I had my vehicle professionally detailed, and then was unable to locate my yellow copy of the citation. I called the courts and they said to call back after it was in the system. I waited and called back around 3-4 weeks later and they were unable to locate it using my Name and DOB combination, NOR my driver's license number.

Time passes and I get a Notice of Suspension in the mail from DMV for Failure to Appear. I contact DMV, they give docket number, I pull it up online and it states the original Name Of Record to be a major mis-spelling of my last name. Also the Driver's license number was Incorrect by a digit.

I continued gathering discovery to find that on the citation (I forgot I had already made a copy of it and left the copy in the print tray of the printer *genius here*) and my name is scribbled, and my DL number is very cleanly written but is one digit off.

Judge approved a Trial in Absentia, fined me, ordered suspension and tacked on civil fees. I goto the courts, they demand that I sign to a Trial De Novo. I did this. The judge scheduled the new trial.

Now for the date of the new trial I have to be in training for a new job. The job offer is VERY clear that I must attend all scheduled days with no exception otherwise the offer will be rescinded.

What do I do? I do not believe I can submit a Written Declaration for Trial De Novo ?? I can not afford representation, hence why I researched this whole process. In this economy there is no way I can give up this job offer. I have been looking for YEARS for a full-time opportunity. The fact that many of my rights seem to be unjustly taken away because I never had a chance to go to the first trial because of the officer's own error...


Asked on 9/16/14, 4:22 am

1 Answer from Attorneys
Zadik Shapiro Law Offices of C. Zadik Shapiro

The reason you did not go to the first trial was because you lost your citation, not officer error, but you might go to the clerk's office and see if you can change the date.

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Answered on 9/17/14, 7:45 am


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