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To contest your citation you must appear in person or
by phone on or before your scheduled arraignment date (date @ bottom of
citation). If you plead “not
guilty” your case will be scheduled for a Court Trial at a future date.
Trial by
Written Declaration allows a defendant to
contest a citation in writing, without having to make a personal court
appearance. Trials by Written Declaration are available in cases
involving infraction violations of the Vehicle Code or local ordinances
adopted under the Vehicle Code.
The following must be met to qualify for a Trial by
Written Declaration:
- Full bail (fine) must be paid
- Violation(s) must be infractions only
- Violation(s) must not involve an accident
- No failure to appear or failure to pay fine have
been added to the case
Instructions and forms for a Trial by Written
Declaration may be obtained by mail or in person. You must submit the
Trial by Written Declaration form with any facts or evidence you wish the
court to consider. A written statement will be requested from the citing
officer. A judicial officer or judge will review your case and you will
be notified of the decision by mail. Trial by Written Declaration must
be submitted no later than the due date stated in box “A” of the Trial by
Written Declaration form. Failure to submit the Trial by Written Declaration form
by 4:00 p.m. or the due date will result in a forfeiture of your fees and
a conviction reported to the Department of Motor Vehicles. Post marks are
not accepted.
If you are dissatisfied with the court’s decision,
you may ask for a new trial (“Trial de Novo”). In order to obtain a new
trial, you must file that
Request for New Trial (Trial de Novo) (form
TR-220) within 20 days after the date the court’s decision was mailed to
you.
A motion can be filed to request to change a plea,
sentence or a finding within 180 days of conviction.
You may request a
Court Trial at your Arraignment or
you can request a Court Trial without appearing prior to the arraignment
date. The following requirements must be met to qualify for a Court
Trial
without appearing for Arraignment:
- Full bail (fine) must be paid
- Violation(s) must be infractions only
- No prior failure to appear on the case
- Entry of a “not guilty” plea in writing
The Court
Trial will be presided by a judicial officer
or a judge. The officer will be subpoenaed to the trial to present factual
evidence. You must also be prepared to produce all evidence, documents,
or witnesses to support your case. Written declarations including
notarized declarations from witnesses will not be accepted.
A party may appeal an unfavorable decision made in
the Trial Court to the Appellate Division of the Superior Court. The
appeal must be directed towards errors of the law only. An appeal is not a
retrial, and you will not be permitted to introduce new evidence.
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