bluesi

iTrader: (1)

Ok,

So this is my first offense. Was driving in a residential area where the posted speed limit was 35mph. This is mid morning and the road was entirely clear; I got a little carried away and was driving spiritedly.

As I turn a bend, I see this motorcycle cop standing on the side of the road writing a ticket to a car that he obviously had pulled over moments ago.

The cop caught sight of me from the corner of his eyes and got all pissed off, yelling and throwing all kinda hand gestures at me signaling me to pull over. I slowed to a stop, rolled down my window and was told rather rudely to pulled to the side of the road and wait my turn for the ticket.

When the cop got to me, the first thing he did was told me how cops could visually judge speed and issue tickets without the need for radar. He then proceeded to giving me the ticket.

I'm preparing to write my Trial By Declaration and I'm seeking some advice from the more experienced here on what I should and should not include in my letter. What sections can I quote that can help me fight my case?

Thanks guys!

DivinDriver

iTrader: (15)

How "spirited" are we talking, here? 10 over? more?

He's probably got you; unless he made a factual error on the ticket (check everything he wrote carefully), or unless you show up to court and he doesn't, you're probably boned.

Most judges (often traffic commissioners, actually, in Cali) will grant an officer's expertise in judging speed by eye. Especially if the excess was 'excessive.' Tickets existed long before radar.

You might be better served by paying the fee and hitting traffic school to clear the ticket.

Just my 2c, but that's the way I see it; you gambled, you lost. Pay the lady.

And slow down in residential areas.

Brismo7

iTrader: (2)

Just fight it. unless he used radar or is a highway patrolman, then he cant legally judge your speed without a measuring device.

Trial by Written Declaration FTW.

And this is why the system keeps F'ing us without KY. Because we say, all well, i'll just pay it and be done with it. Fight the man!

TimeMachine

iTrader: (10)

Is it a speeding ticket specifically? Or for something else? I, too, was under the impression that unless he verifies your speed by radar, speed matching, etc than the ticket will not hold up to scrutiny by a judge.

RLaoFD

iTrader: (6)

What speed did he cite you for? fight the ticket!

FDSeoul

iTrader: (8)

take the point and save yourself the time and pain of going to court and losing.
option for traffic school at least. good luck

Brismo7

iTrader: (2)

This is exactly what the system wants you to do. Keep putting money into the system...

Dont fight it, its easier to allow yourself to get rapped than to fight it.

bluesi

iTrader: (1)

The ticket IS an excessive speed ticket, not anything else.

He cited me doing 50 @ a 35 zone and told me he was doing me a "favor" as anything over that will be classified in the next bracket up and traffic sch will no longer be an option.

I want to imply that the cop was not 1) prepared to judge my speed. He was concentrated on writing the ticket to the first vehicle. 2) He did not have enough distance to accurately judge speed. He was standing right after an uphill bend in the road and only saw me for a fraction of a second as I came out of the bend, so that was not enough distance for him to even do a mental speed trap. 3) He did not use proper means to pull me over. Unless yelling and frantically waving his hand and pointing at me is valid pullover procedure? I only heard him because I so happened to have my windows down at that moment.

Is is wise of me to list all these down in my TBD or should I not try to **** off the judge my playing lawyer and just use the typical TBD temp plates that are floating all over the internet?

TimeMachine

iTrader: (10)

Maybe you could include photos... Or better yet, a video recreation of the scene. Works on the People's Court

KeloidJonesJr.

iTrader: (8)

Brismo is on point.

You have two choices when you get a traffic "moving" violation ticket:

pay bail-signifies that you are guilty, and will go on yore driving record (for how long I don't remember) and may cause an increase of yore insurnace premium.

OR

plea not guilty

When you plea not guilty, it gives you more choices. You can either show up to court and fight it , and hope that the officer who cited you doesn't show up.
The other is trial by written declaration. With this option, it saves you alot of time. Not going to go much into detail otherwise, but you get the picture.

PM me for more info.

Oh, and the prices of tickets have soared so.

FDSeoul

iTrader: (8)

dude, man. on any other issues i would say fight the system but unless you have killer luck that the assigning Officer does not show( BTW he get paid to show Up to court) to court and if and only he doesn't, you still have to prove beyond your knowledge or my experience of dealing with traffic tickets that the officer made an error to the judge. Save time and the head aches.
I'm 34 and have fought and tried many a times to prove that the system is not in the favor of the officer and was proved wrong each and every time.

Brismo7

iTrader: (2)

You dont have to go to court to fight a ticket! There is only one downside, you must pay the bail upfront and when you win, they refund the money. Ask me how i know...

KeloidJonesJr.

iTrader: (8)

Dude , I have the same traffic court clerk, too!

Seems like luck was on yore side. I hope you gimme someof that!

Brismo7

iTrader: (2)

Sure thing

KeloidJonesJr.

iTrader: (8)

Thanx a bunch.

Jesuscookies

iTrader: (1)

Trial by declaration = no court appearance. Even better if he loses, he can than ask for a "trial de novo". A second chance IN court to prove his innocence. Cop does not get paid to write his response to your declaration.

I had all charges dismissed for "supposedly" running a stop sign. You have a very good and fair chance if you do a trial by declaration.

ilike2eatricers

trial by declaration means you fight it by written mail. that means the cop has to reply by mail. if you go to court the cops get OT to go defend themselves meaning they will most likely attend. they are far less likely to fill out the paperwork correctly to defend themselves. if they took shitty notes they may not even attempt to defend themselves by declaration if they cant remember what happened. you have nothing to lose. if you lose the first time you have one more chance and by that time maybe the cop had forgotten more details or is too busy/lazy to reply and you win by default.

DJDINO

Either pay it and go to traffic school or challenge it. However, ask yourself, 'How Much is your time worth?'

Brismo7

iTrader: (2)

did you not read any of my post?

I never stepped foot in a court room. not ONCE.


You know what? all you guys, just pay off the ticket and hit traffic school. It just makes it easier for me to win these TBWD. thanks.

Hit Redline

iTrader: (2)

Just curious of the violation and how you got this to work. I have contested 2 different tickets by Trial of declaration and lost. They don't even show you the officers response, just that you are guilty. A friend did the same and lost. All were contested using ticket assassin.

Show me the way.

Brismo7

iTrader: (2)

interesting, I also used T.A.

Hell, the only thing i remember from the incident was that i got pulled over by a bellflower Highway patrol.

I got caught speeding, but i dont even remember how fast i was going, so i just made up a Mile Per hour and said that it was clear with light traffic during the day (which it was) and said i was obviously driving within my limits. Let me see if i have my letter saved...

Brismo7

iTrader: (2)

this is the format i used, i just changed it up to fit my situation, as much as i could remember.

ALSO, i dragged it out as long as possible. This was when i was driving my Talon still, and i've been daily driving my Rx7 since mid-late june.

STATEMENT OF FACTS
Defendant's Name: Brendan Behan
Case No.: S780824
I respectfully submit this written declaration to the Court pursuant to CVC 40902. I plead Not Guilty to the charge of violating CVC 22349(a).
The facts of my case are as follows: While driving northbound on I-5 at 1045 on 11-10-96, I was stopped by SDPD Officer Carnitas (I.D.#12345) and was charged with violating CVC 22349(a). Though Officer Carnitas has alleged that I was driving 75mph in a 65mph zone, I believe that I was driving no faster than 70 mph.
The Basic Speed Law, CVC 22350, states: "No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of the highway, and in no event at a speed which endangers the safety of persons or property."
On my citation, the officer noted that the road was dry and clear with light traffic. Where I was stopped, Interstate 5 is a well-maintained four lane freeway, quite safe to travel on at approximately 70 mph with favorable weather and road conditions.
Section (b) of Speed Law Violations, CVC 22351(b), states: "The speed of any vehicle upon a highway in excess of the prima facie speed limits...or established as authorized in this code is prima facie unlawful unless the defendant establishes by competent evidencethat the speed in excess of said limits did not constitute a violation of the basic speed law at the time, place and under the conditions then existing."
The conditions existing at the time and place of my stop (favorable conditions attested to by Officer Carnitas in my citation) were favorable and made the speed I was traveling Safe and Reasonable under these conditions. As such, I know that I was not in violation of the basic speed law at the time and place of my citation and, pursuant to CVC 22351(b), contest that my speed at the time of my traffic stop was therefore not prima facie unlawful.
I trust in the Court's fairness and believe that my citation should be dismissed in the interest of justice.
If the court does not find in my favor in this case, I request a Trial de Novo.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
________________________________________Brendan Behan, Defendant in Pro Per

Brismo7

iTrader: (2)

I believe this part right here, will make or break you. The cop will read this and say, "**** this guy" and throw it out. lol

jic

iTrader: (1)

too late now..but next time, just pretend you didnt see his ***
i woulda just bounced.

DriveFast7

iTrader: (1)

I fought the law, and I won with trial by declaration. Speeding, popped with Laser. Luckily this PD dept has a reputation of not even responding to 1 in 3 trial by declarations...... and mine must have been one of them as I got my All counts are dismissed letter 8 days after mailing my trial by declaration to them.

With the refund I bough a new radar detector...with Laser POP. Believe it.

YIPPIE.