So, you’ve lost your red-light camera declaration. All is not lost. Many members win at their Trial de Novo in red-light camera cases.
If you want another shot at beating this, mail the court a completed Trial de Novo Request (TR220). Note that you have ONLY 20 DAYS from the verdict mailing date to demand a trial de novo. The trial de novo form and guide is here.
When the trial de novo is approved, your trial by written declaration guilty verdict is VOIDED.
You can use your original declaration as written for your opening statement and defense. I would not significantly alter this in a Trial de Novo.
The cop will also get to make a statement and ask questions. They always make a statement but seldom ask questions, especially in camera enforced cases.
Of course, if the cop does not show, your case is dismissed. If they lose the trial by declaration paperwork, you can demand a dismissal (i.e. You can question the legitimacy of the original conviction).
If there is time, demand a copy of the officer’s declaration statement well PRIOR to the Trial de Novo. Often these are lost (or maybe never received). If available, you’ll have a heads up on what he might say in court. If not available, this will be a good reason to demand a dismissal at the trial de novo. This demand is called “discovery.” The discovery form is here. You could hand it to the clerk. I would also send the court a copy via certified mail to verify your request.
Member Question: I do not want to self-incriminate in court by answering the question of whether or not I was driving.
So don’t. You are not required to answer. You can say, “I choose to exercise my right not to answer that. I have no intention of providing the state evidence that may be used against me.”
You can also ask the officer if he can say for a fact that you were driving the car that day at that intersection. He really can’t since he was not there. His prosecution is based on circumstantial evidence, mainly that you own the car.
Basically, these cases don’t last long. If the judge is unhappy with the pic – and if you don’t self-incriminate – he will dismiss. If he thinks the pic is enough (or if you crack and admit to driving) then he’ll find you guilty and maybe reduce the fine and/or assign traffic school. Of course, if the cop does not show (which happens sometimes) you walk.