Legal Question in Traffic Law in California

Right to silence when doing a trial by dec.

California.

I want to do a Trial by Declaration on a camera ticket, with my defense being that the photo very clearly shows a woman, while I am a man. I have two questions.

1. I am concerned about item 4 on the TR-205 form, which says: ''I know that I have a right not to be compelled to be a witness against myself. I understand and agree that by making any statement I am giving up and waiving that right and privilege.''

Does that mean that if the judge who handles the Trial by Dec finds me guilty and I then ask for a Trial de Novo, the judge at the new trial can force me to testify as to who the driver was?

2. I have heard about one particular tough judge to avoid. I have also heard about Preemptory Challenges, and understand that if my Trial by Dec gets assigned to that judge, I can do a P.C. and that will get rid of him. But what if I end up needing a Trial de Novo and IT gets assigned to the tough judge. Does the original P.C. still apply (eliminating him from my Trial de Novo), or would I have to do another Preemptory Challenge - assuming that a second one would be allowed!


Asked on 2/16/07, 3:44 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Right to silence when doing a trial by dec.

You have a choice of a trial by declaration or by attending the trial at court. It is my understanding that you cannot have a trial by declaration and if you lose then request a new trial by the court. Check "How to Fight Your Traffic Ticket" from Nolo Press. It should fully answer your questions.

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Answered on 3/03/07, 11:24 pm


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