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Tickets and trials

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By quietnessandtrust

Wassss up?


Tickets / trials / courts / rights

I am an over the road trucker and sometimes get tickets in states other than where i live and personally won many cases doing this. You can do this even if you live down the street from the court.

Something the police NEVER point out to you when they give a ticket is that in many states you can deal with the court and never show up or miss work and still have a trial. One that the cop has to respond to and if he does not, then you win by default !!!

  • The officer may state that he has no recollection of the event.
  • The officer may lose his notes in preparing for the TBD and fail to have them at the court trial.

Somewhere on that lovely ticket, usually on the back because they don't want you to see it, there is a term called "trial by declaration" and it states is so many words.

"Trial by written declaration, traffic infractions"..."send a certified letter postmarked not later than 5 days prior to the appearance date or come to the court before your date to request the trial by declaration. Submit the bail amount (refundable if you win). You will be given short forms to fill out and write your side of the story and be allowed to submit pictures and other evidence WITHOUT APPEARING IN COURT!!! An officer will also submit a statement. The judge will consider the statements and evidence and declare the case and send you the outcome"

Several things that are great about this.

  1. You do not have to appear the 1st time to just say "not guilty" and waste 4 hours with no pay.
  2. You do not have to show up for the trial either.
  3. You do not have to "face the judge or the cop(s).
  4. You do not get all sweaty and nervous forgetting what to say and look stupid.
  5. You can pour over your statements and evidence before turning it in.
  6. The judge cannot interrupt you as they often do and move on to the next s.o.b.
  7. You do not have to stand in a long stinky ass line at 8am.
  8. You can make things up and they can't see your eyes, the cops do it too, it is a game to them.

One thing though. If you lose, you cannot ask for traffic school. (at least in my state)

So, if you really believe you are not guilty or you just think it was a bogus, undeserved ticket, or you just want to go down swinging, then declare a trial by declaration and save your self 2 or 3 trips to the "In-justice center" also know as the "revenue and lies department"

  • Again, not every state does this, read the ticket, or call the court of monkeys, just do not ask the cop, he will write a very detailed report if he knows you are going to do this.

If you lose, you can appeal the case without going to court either.

What about traffic school if you lose your trial by declaration?

In theory, if you lose the trial by declaration, you get a trial de novo, meaning all things are new. The judge should not hold the trial by declaration against you. If the judge denies you traffic school because of the trial by declaration, point out that you are not there for that trial, but, per CVC 40902(d), a trial de novo. You can also point to Vehicle Code section 42005 and People v Wozniak which say you can still have traffic school even after a conviction.

In reality, the courts make more money if you go to traffic school. Odds are the judge will let you go to traffic school if there is any way he/she can.

I have beat speeding tickets, tailgating, illegal lane change and others too.

Remember, when you go to traffic court (the zoo)...they just want all the sheep to file through and pay the shepherd, they do not care about your 10cent opinion. So why show up at all.

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Les  says:
7 months ago

Can you HANDLE THE TRUTH? As your friend I am required to tell you the truth. I hope you can handle it. The advice on traffic tickets is good advice if you are looking for an easy out and you are too lazy to study the law and too afraid to duke it out in court. Can you HANDLE IT?

quietnessandtrust profile image

quietnessandtrust  says:
7 months ago

So tell me more truth.

jim10 profile image

jim10  says:
7 months ago

That is great I never noticed this before. I used to get tickets sometimes when I drove my 68 Camaro. I was always followed by various police officers hoping to give me a quick and easy ticket. Mostly in one local town. I remember a few times I would be driving through Burlington and then a cop would start following me. So then I would see how many side streets I could go down before he would turn around. Sometimes it was quite a while. Anyway I once got a ticket because I took off my seat belt in order to give the officer my registration. I knew he was going to ask for it. It is his job so I thought I was helping. So I fought the ticket and took him to court. The judge sided with me and told me to wait for the officer to tell me to get my registration. Another time I was accused of drag racing some guy in a beat up station wagon. I was going below the speed limit and he pulled me over. Eventually when he had nothing to give me a ticket for. He then decided to give me one for "Excessive Exhaust", what the hell is that? My car passed inspection and there are no emissions requirements for such old cars. I happened to get another ticket for speeding. I was going 30 in a 20. The sign was completely blocked by a tree. The police officer had to show me the sign and he said it was blocked. But, I still should have known so I got a ticket. A few days later my wife was going 50 in a 30 with me in the passenger seat. An officer pulled us over and she got a warning. I was mad as hell. Sure it was nice she only got a warning. But, if I was driving I would have gotten a ticket out of principal. All of my tickets were from this one town that I didn't even drive in that much. I didn't drive any different anywhere else. Well I fought those tickets too and won. One time the officer didn't show up and the other the judge sided with me. Always fight your tickets.

quietnessandtrust profile image

quietnessandtrust  says:
7 months ago

Nice stories Jim...funny too...accept for the tickets....yes always fight them....but from home now that you know....some sites have good info on it...thanks bud.

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