HomeMy WebLinkAboutAgenda Report - September 15, 1993 (57)Of
CITY OF LODI
COUNCIL COM141UNJCATlON
AGENDA TITLE: Consideration of Trial by Declaration for Infractions
MEETING DATE- September 15, 1993
PREPARED BY: City Attorney
RECOMMENDED ACTION: Council consideration and direction to staff.
BACKGROUND: As previously discussed by the Council, California Vehicle
Code Sections 40901 and 40902 provide for trial by
declaration in the disposition of infractions. This avoids
the necessity of having Police Officers present in court to
testify for certain minor violations. The potential for
saving overtime costs is apparent.
In order to do this, it is necessary only that the Judges of the court adopt a
policy allowing it. Assuming that occurs, traffic violators would be notified of
this option after they plead not guilty. If trial by declaration is desired, the
defendant would waive constitutional rights to confront and cross examine
witnesses, and the matter would be set for trial. The officer who issued the
citation would prepare a declaration of the facts surrounding the violation and
send copies to both the court and the defendant. This serves as the Officer's
testimony, and no physical appearance would be required.
The defendant then appears in court to offer rebuttals, explanations, or
contradictions to that declaration and the matter is decided by the Judge as in
any other traffic matter.
If the Judges consent to such a policy, it would be necessary to develop a
procedure for the courts to notify the Police Department of all "not guilty"
pleas on traffic matters. It would then be the City's obligation to send out
notice to defendants advising of this possibility. If defendants respond
negatively or do not respond at all, after a certain cut off date, it would be
presumed that the Officer's presence is required and a subpoena issued.
Using this method, if a defendant is dissatisfied with the decision of the court,
he or she has a right to another trial with the Officer present. Information
received from other cities indicates this happens infrequently.
APPROVED, --- — ----- ------ --- t�
THOMAS A. PETERSON ecvc1ea Pape,
` City Manager
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ConFLideration of Trial by ueclaration for Infractions
September 15, 1993
Page Two
If the Council wishes to seek implementation of such a policy, staff will prepare
the appropriate communications with the courts asking concurrence.
FUNDING: Unknown.
Respectfully submitted,
Bob McNatt
City Attorney
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