California Vehicle Code Section 40902

Vehicle Code section 40902, subdivision (a), states, "(a)(1) The court, pursuant to this section, shall, by rule, provide that the defendant may elect to have a trial by written declaration upon any alleged infraction, as charged by the citing officer, involving a violation of this code or any local ordinance adopted pursuant to this code, other than an infraction cited pursuant to Article 2 (commencing with Section 23152) of Chapter 12 of Division 11. (2) The Judicial Council may adopt rules and forms governing trials by declaration in accordance with this section. Any rule or form adopted by the Judicial Council pursuant to this paragraph shall supersede any local rule of a court adopted pursuant to paragraph (1)." To "promote judicial economy and convenience" for defendants, Vehicle Code section 40902, subdivision (a), permits defendants charged with Vehicle Code infractions to elect to have a trial by written declaration. (People v. Kennedy (2008) 168 Cal.App.4th 1233, 1239 86 Cal. Rptr. 3d 236 (Kennedy).) "If the defendant is dissatisfied with a decision of the court after a trial by written declaration, the defendant shall be granted a trial de novo." (Veh. Code, 40902, subd. (d).) "The procedure of trial by written declaration is an accommodation to defendants, which obviates the expenditure of time and money to appear in court to defend a minor traffic infraction or violation of an ordinance. It is an election which is solely within the defendant's discretion. It also promotes judicial economy by reserving courtroom time and resources for more serious offenses. Yet the defendant retains the right to request a court trial in the event of an adverse decision." (Kennedy, at p. 1241.) The Legislature authorized the Judicial Council of California to adopt rules and forms for conducting trials by declaration. (Veh. Code, 40902, subd. (a)(2).) Rule 4.210 now sets forth statewide procedural requirements for trials by written declaration. In particular, rule 4.210(b)(7) implements Vehicle Code section 40902, subdivision (d)'s mandate that a defendant dissatisfied with a decision of the court in a trial-by-declaration proceeding "shall be granted a trial de novo." Rule 4.210(b)(7) provides in part, "If the defendant files a Request for New Trial (Trial de Novo) (form TR-220) within 20 calendar days after the date of delivery or mailing of the Decision and Notice of Decision (form TR-215), the clerk must set a trial date within 45 calendar days of receipt of the defendant's written request for a new trial." Rule 4.210 does not specify dismissal or any other remedy for failure to set a trial date within 45 calendar days of receipt of the defendant's written request for a new trial. Moreover, rule 4.210(c) generally provides, "Due dates and time limits must be as stated in this rule, unless changed or extended by the court. The court may extend any date, but the court need not state the reasons for granting or denying an extension on the record or in the minutes."