[ Ch 1 Requesting ] [ Ch 2 Preparing ] [ Ch 3 During ] [ Exam ]
MC 104 - Ch 3 (During)
- If the translator does not show up for any reason, the Judge has to continue the case at another date/time, or dismiss your case.
- For most cases, the Officer is the witness.
- For Red Light Camera tickets, the operator of the red light camera company (i.e. Redflex) will be the witness.
The following should occurs in order during TDN:
- Before TDN trial time, everyone wait outside the courtroom at Department #XX
- You should check for the date/time, your name (Defendant's name), case number, and Judge name on the roll sheet which is attached right outside the courtroom.
If you cannot find the roll sheet, it should be right outside the Traffic Clerk office.
You should check it against your TDN letter from the court.
- If your name is not on the roll sheet, you must tell the traffic court clerk immediately.
- If the Judge is a Pro Tem Judge, you may object to that immediately. However, you will have to re-visit the courtroom at another time again.
- If the Judge is not the one your filed Peremptory Challenge with, you should use a refill the form again. And, if the Officer shows up, you should submit this form when the timing is right.
- At the trial time, the court Officer will ask everyone to walk into the courtroom, and he would instruct you (the "Defendant") and your witness to be seated at one side, and Officer at another side.
When the Judge walk into the courtroom, everyone have to stand up, and sworn in.
Note: This is a tricky part since this may prevent your filed Peremptory Challenge from being granted by the Judge. So, try to just stand up and not sworn in.
- Before any trial begins, the Judge may start calling roll for the Defendant and Officer to find out if both parties are present. If an Officer is not at the courtroom at the time of roll call, the Judge will begin other cases first.
After calling roll, the Judge may ask Defendant to show the Officer any evidence Defendant may have.
Note: This is a tricky part since this may prevent your filed Peremptory Challenge from being granted by the Judge. So, try to tell the Officer that you would prefer to present evidence when your trial begins.
- After that, the Judge will start calling the first case listed on the roll sheet.
- Defendant, any witnesses, and Officer walk in front of the Judge.
- Again, if Defendant has any request or motion to file, he must mention to the Judge immediately. Otherwise, it will be untimely.
- Defendant, any witnesses, and Officer may have to sworn in if they have not done so.
- Officer will begin his part of testimony, and Defendant must not interrupt.
- Defendant will begin his part of testimony, and Officer must not interrupt.
Then, the Judge will say "Cross-examine" where Defendant may begin to cross-examine the Officer(s),
and any witnesses.
You should ask for:
- Officer's TBWD
- E & T Survey (if applicable)
- Radar/Lidar gun training certificate (if applicable)
- Radar/Lidar gun calibration certificate (if applicable)
- Speedometer calibration certificate (if applicable)
- Request to cross-examine another Officer if there were more than one Officer at the scene when you were cited
If any of the above is unavailable, request the Judge to dismiss the case, or continue the case at another date.
- The Judge will then make a decision for your case. Sometimes, the Judge may need more time to decide, and he will mail you the decision later.
- The clerk who sits next to the Judge will hand you a piece of court paper.