My question involves traffic court in the State of: California
Late 2014 I was pulled over for speeding, I felt that I was not speeding and began process of appealing ticket.
early June 2015 ( after delaying due date of ticket ) my ticket stated that I had to submit payment and declare guilt or not guilty by the first week of June. I submitted a request for trial by written declaration when i paid my ticket in person and declared myself not guilty. Clerks accepted my payment and request for trial by written dec. They gave me the form for trial by written dec and stated it was due in a month or less from the date.
July 1st, 2015 I submitted my trial by written declaration form in person to the same clerk at the same office who worked with me in June. I submitted my written declaration well in advance of the due date, and sealed in an envelope.
Today I just called the court hoping for an update to the case, since I had heard nothing since dropping off my written dec. They told me that they never received my declaration and the case was closed on July 9th, 2015. I argued for minutes on the phone with a clerk who had no idea what she was talking about before I hung up.
What can I do? How did this happen? Who can i hold responsible? Is there any way to re-open the case? Does this mean I was found guilty AND do not have the option of going to traffic school? Can I take any action against the clerk who lost my declaration?
Beyond frustrated now, I don't even get the opportunity to defend myself from this ticket after taking two lunch breaks that i dedicated to visiting the courthouse in person and dropping off my declaration IN PERSON to ensure that it did not get lost in the mail.
Late 2014 I was pulled over for speeding, I felt that I was not speeding and began process of appealing ticket.
early June 2015 ( after delaying due date of ticket ) my ticket stated that I had to submit payment and declare guilt or not guilty by the first week of June. I submitted a request for trial by written declaration when i paid my ticket in person and declared myself not guilty. Clerks accepted my payment and request for trial by written dec. They gave me the form for trial by written dec and stated it was due in a month or less from the date.
July 1st, 2015 I submitted my trial by written declaration form in person to the same clerk at the same office who worked with me in June. I submitted my written declaration well in advance of the due date, and sealed in an envelope.
Today I just called the court hoping for an update to the case, since I had heard nothing since dropping off my written dec. They told me that they never received my declaration and the case was closed on July 9th, 2015. I argued for minutes on the phone with a clerk who had no idea what she was talking about before I hung up.
What can I do? How did this happen? Who can i hold responsible? Is there any way to re-open the case? Does this mean I was found guilty AND do not have the option of going to traffic school? Can I take any action against the clerk who lost my declaration?
Beyond frustrated now, I don't even get the opportunity to defend myself from this ticket after taking two lunch breaks that i dedicated to visiting the courthouse in person and dropping off my declaration IN PERSON to ensure that it did not get lost in the mail.
Traffic Court Issues: Court Misplaced My Trial by Written Declaration then Closed My Case
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