DonPauliani

So...

I've got my first speeding ticket ever and I'm gonna need navigation on this one; who else to go to but my brethren: California's Acura owners, right?

So it's a CVC 22349 (speeding in excess of 65 mph) and I want to partake in a trial by declaration (TBD) and, if necessary, trial de novo. But I have no idea how to even request a TBD. Anyone got any online resource I can go to or a place I can get a template for the request and not guilty plea of a TBD?

I hope y'all are polite-- I've already got enough egg on my face for omlettes.

TRIOD3SIGNS

Heres the site that another AZINE member recomended to me ....... & guess what? IT WORKED FOR ME!

ticketassassin com

wps007

I have also used ticketassasin on 3 occasions it worked for me on all 3

DonPauliani

Ha, yeah... the webmaster's been gone for a long time, I can't get access to the templates or anything. Any other ideas?

Also, SWEET ride. Is that an 04 TL in your avatar? If so, I've got the same thing but with a pretty little spoiler.

TequiLa

iTrader: (3)

lol i got my first speeding ticket in santa cruz, is that where you got yours?

subinf

Instructions will be on the back of the ticket. It tells you how to request a trial by written declaration. If you lose (you probably will) the court will send you instructions on how to request a new trial.

I've heard about ticket assassin but know nothing about the specifics.

onebadna1nsx

I just did mines and beat it

You can mail in a request to do trial by declaration.... but I don't like to mail things, and things *somehow* get lost at the courts.. so I went there in person. Bring the bail amount required, and ask them for a trial by declaration. Then write away, or type!

subinf

That is why you include your bail when you mail it in (if you don't want to send cert). You know they received it when they cash the check.

aznboi2424

iTrader: (10)

whats this "trial by declaration" thing?

I got a ticket for blocking the intersection and I was planning to show up on the court date to fight it but whats TBD?

subinf

Read the back of your ticket. Instructions there.

Basically you don't have to appear - you just pay your bail and then write a page of what happened. Officer who gave you the ticket does the same. If he doesn't or the reviewing judge believes no violation occurred, you are not guilty.

If you lose (usually do) you can still go to court and hope that the officer doesn't appear (without cause). Or just go over the facts with him again. I lost my trial by declaration but then took the officer to court, questioned him, and wound up winning.

aznboi2424

iTrader: (10)

but if you go to court the first time, its like you automatically lost the TBD right?

onebadna1nsx

If you go to court the first time, that's it.

If you do trial by declaration, you either win or lose. If you lose, you do a drial de novo, and appear in court... basically a trial de novo gives you another chance. You can then plead for traffic school, or contest the officer.

subinf

Check with your local court. I was in one when the regular traffic appearance people showed up and were allowed to do trial by declaration. Probably depends on what the local procedure is, to some extent.

But if you plead in court you waive your right to request the written declaration.

aznboi2424

iTrader: (10)

huh, seems like a no brainer to do the TBD if your planning on contesting. I'll wait till my bail amount comes in the mail

onebadna1nsx

Most people just pay the fine or contest the officer. I didn't find out about TBD until the officer told me to do it.

I heard it takes 3 months or so to get your money back though. This is week 1 of waiting for me.

subinf

^ - I'm on week 4 and still nothing. Better than not getting it back at all though.

aznboi2424

iTrader: (10)

true. if I can trust pepboys with 20 dollars of rebate money, im sure I can trust woodland county court with my bail money

onebadna1nsx

Seriously.

When I got the letter in the mail from the courthouse I was scared. I heard chances of losing are super high with the TBD.. If the Judge doens't want to read your paper he can just stamp denied, and you end up paying/ doing a trial de novo.

.... but then when I opened the letter and saw that I was getting the bail refunded... FAWK YEA! I spent about 3 days writing up my TBD. Hopefully we get our bails refunded soon!!

subinf

Three days? Damn. I always assume I'm going to lose unless the officer responds. I provided all the documents I also brought to court - but a different outcome. I can't think of any argument you can make in the TBD that would prevail unless the officer fails to respond.

I had to bring in all the evidence and explain to the officer and judge what they meant. I still didn't think I had a chance but apparently I lucked out.

aznboi2424

iTrader: (10)

so what are you supposed to put on it? Obviously choice of words are important as you dont want to incriminate yourself, but somewhere online said to just put "I plead not guilty" on there or something.
Should I explain my story?

subinf

Check came on Saturday (or Friday). I was going to buy a blow off valve but instead used it to cover some of my bar dues. Oh well.


As for the actual content of the declaration - I described the facts surrounding the event - where I was driving from/to, which direction I was driving, time of day, how many cars were on the road, weather conditions, etc. When it gets to the part where you are accused of breaking the law I generally am vague - simply stating I was stopped, officer told me why but never impressed upon me his actual reason (if he was on side of highway for speeding - argue obstruction or something).

I generally approach these knowing I'm going to lose of the officer responds.

aznboi2424

iTrader: (10)

ooohh BOV

Rudy222

You have nothing to lose doing the trial by declaration. If you lose, you can always appeal the decision and take the officer to court. You really have two chances to win. If the officer fails to submit his/her response to the trial by dec, you automatically win. Then, if you lose and appeal the decision and the officer fails to make the court appearance, you win. Do the trial by declaration! The instructions are on the back of your yellow copy.

aznboi2424

iTrader: (10)

cause i did trial by written declaration and the officer did not submit her statement in the time frame and I won and got my fine back. but I did have to pay the bail amount first. now i tell everyone to do written declaration.

Rudy222

Nicely done aznboi2424! Don't 'ya just love it when things work out?

aznboi2424

iTrader: (10)

Thanks for the congratz Rudy. While I did incurr the infraction, I dont believe it was 100% my fault. Or else I wouldnt have a problem paying the 271 dollar fine.

ILLustriousUA6

iTrader: (2)

lucky guys.. I had to pay 5xx.xx when i lost in court.. just last month...

I will be on top of my next ticket...