What is the code section that states a case is dismissed if an officer does not respond to a trial by declaration/submit his declaration? 2 Answers as of July 11, 2011

What is the code section that states that if an officer does not respond to a trial by declaration/submit his declaration that the case is automatically dismissed?? Is it the same code section as the one stating that non-appearance by an officer at a court trial requires dismissal of the case - if so what is that code section? I know that California Rules of Court 4.210 and Vehicle Code section 40902 governs trial-by-declarations, but I dot see anything about non-responses by officers or dismissal. The court found against me in my trial by Dec., so I went to the courthouse to look at the court file (Metropolitan courthouse has everything scanned), and the clerk and I saw my declaration but no declaration from the officer in the computer (decs were due 3/3/11).

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
There is no such code section. The general provision for dismissing any case in the interests of justice is Penal Code section 1385.
Answer Applies to: California
Replied: 7/11/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
You are probably asking the wrong question at the wrong time. If you intended to file an appeal of the conviction, you had 2 months to do so. You said you were convicted [court found against me] in Dec. It is now 7 months later. If you already filed an appeal, and are just now asking how to research, write pleadings, and argue your appeal, you should instead be asking to find an attorney to do so for you. No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in an appeal.
Answer Applies to: California
Replied: 7/8/2011
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