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TRIAL BY DECLARATION (TR205)
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jdoug6
Nov 19, 2009, 11:51:48 AM11/19/09
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May the citing police officer have access to a traffic defendant's
Trial by Declaration (TR205) narrative prior to responding in writing?
I had always presumed that a traffic commissioner/judge would solicit
the two opposing versions per the statute and then adjudicate the case
based upon the relative credibility of each account. In short, the
police officer should not be advantaged by reviewing a defendant's
account prior to submitting his version.
Trial by Declaration (TR205) narrative prior to responding in writing?
I had always presumed that a traffic commissioner/judge would solicit
the two opposing versions per the statute and then adjudicate the case
based upon the relative credibility of each account. In short, the
police officer should not be advantaged by reviewing a defendant's
account prior to submitting his version.
Also, I have been informed that the citing officer is not subject to a
statutory deadline in submitting his narrative, nor may a case be
decided in favor of the defendant by default should the officer fail
to respond in a timely fashion.
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