Fighting Traffic Tickets

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Today I handed in a "Trial by Written Declaration" for a traffic infraction, to the court clerk.

It was an interesting conversation. First she told me, incorrectly, that if I lost I would still have to appear in court. Then she said if I lost, I would lose the option of traffic school. Which again is not a given.

The courtesy notice also encourages the paying of the ticket and has a distinct lack of clarity of what is the process for filing a Trial by Written Declaration. The forms are not user friendly to say the least.

The police also refused to give me a copy of the video.

Apparently, most people are intimidated / confused / too busy to do anything but pay up. And the system seems to like things to be this way.

In my research, I figured there was nothing to lose by entering a Trial by Written Declaration.

The court wanted extra money if I requested traffic school, and that money, plus the cost of traffic school, were going to be the same as the cost of my insurance increasing. Factor in my time, and it wasn't worth it.

Additionally, the fine they ask for is the maximum they can charge under that infraction. So even if I'm found guilty of the infraction after the Trial by Written Declaration, I'm no worse off than if I'd pled guilty and there is a chance of being found not guilty or a reduced fine.

Also, it forces the traffic officer to justify the citation and the court to look at the case.

Interestingly, even if I'm found Guilty, I can request a new court trial. Depending on the outcome, I may pursue this.

Anyhow, I'm sharing this story because I think it's important that more people don't do exactly what the system wants them to do. Instead of paying up, spend a few hours to put together your trial by Written Declaration and you may save hundreds of dollars and if not, you'll at least make the officer and the system aware that some citizens aren't willing to be ATMs.

If enough people were to challenge their citation through a Trial by Written Declaration, it is likely that the system could not cope and many cases would be dismissed because they were not looked at within the required time.
 
Is Trial by Written Declaration a California thing? I've never heard of it.

Good luck!
 
Originally Posted By: Leo99
Is Trial by Written Declaration a California thing? I've never heard of it.

Good luck!


Thanks

Yes California but it also exists in others states (so I believe)
 
I've gone to court the two times I've been pulled over. End result not guilty.

Coming prepared, bringing pictures or other objective evidence, and wearing a suit helps. The slobs in traffic court are incredible....
 
I have used a Written Declaration with good results in the past. I had five equipment violations dismissed on one ticket alone. Having the VC book works wonders when using this option.
 
I find it much less expensive and time consuming to drive in a manner that doesn't get me "pulled over" in the first place.
 
In Indiana, most counties have a "deferral" program. You pay them a premium and if you go infraction free for six months the ticket disappears. It's a real win-win for both parties. The state rakes in some extra cash and spends no more time adjudicating the infraction. The speeder pays more but saves time, keeps a clean record and avoids any insurance penalties.
 
Originally Posted By: Pop_Rivit
I find it much less expensive and time consuming to drive in a manner that doesn't get me "pulled over" in the first place.


THIS
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You have to be very careful about what anybody tells you in a traffic court setting.
I went to court to fight my last ticket because I felt there was a clear problem with it...I was basically side by side with another driver who was passing me and then slammed his brakes on when he saw the trooper. I think the radar gun reflected that car and not mine. We had the chance to talk to a trooper before going before the judge and I told him my story and also showed a certificate from a defensive driving course I took as a show of good faith (figured it could only help me no matter what). He offered to bust my ticket down to 0-5mph over and I asked to be sure there would be no points, the trooper said that would be the case.
I paid the very modest fine and went on my way, almost got to work on time that day despite going to court! But, the trooper in court lied...I was assessed points and my insurance costs went up substantially, despite it being the only ticket on my record at the time. Even worse, the trooper took my certificate from the course so I couldn't even send that into the state myself for the points reduction.

Don't just assume that somebody with a state uniform on is going to be a decent person who is going to be truthful with you...plenty of them are lying jerks who will jack you around just for the heck of it.
 
Originally Posted By: Indydriver
In Indiana, most counties have a "deferral" program. You pay them a premium and if you go infraction free for six months the ticket disappears. It's a real win-win for both parties. The state rakes in some extra cash and spends no more time adjudicating the infraction. The speeder pays more but saves time, keeps a clean record and avoids any insurance penalties.


That's very interesting, but can be a difficult situation for people who do not appreciate tail-gaters, speeders or aggressive drivers. But oh well
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In the interest of brevity, here goes.
They can’t possibly prosecute the case without the evidence available to all parties. They have to disclose it. You were given wrong information.
If it were me and I was wrongly accused, I’d request the hearing. Once there I could see the evidence they have. Once I got it, I’d ask for a continuance so I could prepare my defense. You can also do stuff like requesting a continuance to seek counsel.
I do this stuff for my county for a living. I’m not a lawyer, but I’m in these types of hearings a few days a month. Our camera based cases are always available for the accused party at the time of the citation.
 
Wait. Why did they not give you the video? By video I am guessing you mean the dash camera footage?
 
I totally agree! Stop being sheep and paying up!!! Police aren't about safety at all anymore! Its EXTORTION!!! IF you're guilty of the crime, then yes pay up and don't do it again. But I'd venture to say 90% of the citations these days are bogus attempts at extorting hard earned money from good people! Its all a scam set up to fund these corrupt little counties and towns.

And before all you police lovers call me anti-cop/cop hater I don't condone speeding (excessive) nor running red lights or risking the lives of others, I simply am against getting cited for doing 50 in a 45 or having a tail light out, or tint that is 2% too dark etc. (Yes I've been pulled over and cited for each of these [censored] infractions)

I request hearings for ALL traffic infractions. It's your right, don't just pay up!! You work for your money, why shouldn't they??

America becomes a police state more and more each day and we lay down and allow it...
 
In response to the state of Indiana comment- This just tells you it all about extorting money from citizens!!! Stand up and stop allowing this kinda [censored] to happen!!! You're getting scammed out of your own money!
 
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Originally Posted By: Pop_Rivit
I find it much less expensive and time consuming to drive in a manner that doesn't get me "pulled over" in the first place.
That's just dodging the issue discussed here. If your position is that "nobody ever got a ticket they didn't deserve" you're living in a dream world.
 
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Originally Posted By: Pop_Rivit
I find it much less expensive and time consuming to drive in a manner that doesn't get me "pulled over" in the first place.
Same here. Except when I was young and had long hair driving a primered ElCamino I got harassed quite often. Got 3 tickets I felt were unjustified.

One was for running a red light. I was 2nd in line and on a date with a girl. Her first words were "you didn't run that light". She was my witness. I beat that in court. 2nd was parked the wrong way on the side of the street...Jump starting my dads car. I lost this one in court,the judge didn't care who I was jump starting I was facing the wrong way.

3rd was a wrong lane in an 18 wheeler. I was in the wrong lane because that exit is on the left and I had to be in the left lane to make my exit. I won that one in court.
 
When I presided over traffic court in Kentucky the prosecutors, the police, and I didn't have time for rinky-dink speeding trials. If the defendant was halfway polite at his/her first appearance we would send the "perp" to traffic school, put the case on diversion, amend it to a "no points" violation, or just dismiss the case outright. Of course in other counties you might find judges and/or prosecutors who were Dudley Do-Right wankers who thought your head would explode at 55.00001 mph...
And on the last docket before Christmas I would have all the people charged with speeding or other minor violations stand in front of the bench, raise their right hand, and promise they would be safe drivers- then I'd dismiss their cases.

Kentucky still categorizes a traffic violation as a criminal offense so the defendant is entitled to due process- includinga bench or jury trial. Unfortunately, many states now define traffic violations as administrative infractions- which makes it easier to find the defendant guilty and extort a fine from him/her.

It can't hurt to call the local prosecutor and see if they might be willing to plead it down to non-moving or else defer it for some period. We deferred hundreds of speeding tickets just to keep that garbage from clogging up the system. The police, the prosecutors, and I all had better things to do...
 
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