natman316

I dont live in California but I was there this winter break and was heading to Vegas when I got pulled over for doing 80 in 70.

I've heard people fight their tickets by trial by declaration and won...im not too sure how it works do I just a letter defending myself? Also I noticed that the officer has not noted any method of capturing my speed on the ticket....I thought that was mandatory for a speeding ticket (I live in PA, so I'm not familiar with CA tickets.). it only has a "approx speed"

any tips on dealing with this?

thank you.

bhamg

I've driven the 15 over 30k miles in the past three years. I can state that you'll never get ticketed for doing 80 if you were actually going only 80. The fact that you were driving through the desert with correspondingly long sight lines means the LEO (who most likely approached you from behind and paced you) had ample opportunity to accurately establish your speed. I've been radared/followed/passed by/driven past CHP hundreds of times on the 15, all while going well over the speed limit. I use a Redline, rabbits, awareness, common sense and familiarity to avoid being ticketed. I signal every lane change even if the next car behind me is but a tiny speck in the mirror and I NEVER tailgate. Doing all that allows me to average 80-84 w/o fear of being ticketed. That said, CHP is remarkably tolerant on the 15. I think the local courthouse knows that and the likelihood of you presenting a convincing and winning case in a TBD is next to nil. Sorry...

ab0bab0i

They started this zero tolerance thing about 6 months ago from the Primm to Vegas stretch. Article says Nevada Highway Patrol is enforcing it, but article says CHP is also looking at stricter enforcement.

http://www.reviewjournal.com/news/cr...gas-california

natman316

well thats all he wrote me up for. im not sure the speed i was going because i wasnt looking at the speedometer...

regardless I just want to give it a shot, basically if you lose they just keep your check?

anyways I also noticed he got my name mixed up. my middle name as my first, my last name as my middle and my first name as my last name...does that improve my chances? lol

ab0bab0i

You can still do a Trial De Novo if the Trial by Declaration fails, but you would have to continue on to a live court trial where you get a judicial officer to review the evidence live in court.

tfthach13

Doesn't that mean the ticket gets thrown out? I heard it's a technicality...

natman316

just researched that unfortunately no....

http://www.bankrate.com/brm/news/aut...t_myths_a1.asp

oh well theres always the chance the officer forgot or something....lol

SCAMG13

FWIW- The officer is technically required to send a correction via mail for all inaccuracies.
Dont think this would constitute it being thrown out though.

Zeee_Q

It doesn't hurt to try trial by declaration. Lawyer fees will cost you $100-200 depending on which firm you choose and most will refund you everything minus a drafting fee unless you win.

Basically if the officer does not respond or show up, the case will be dismissed. I had one dismissed for 29 over by doing the trial by declaration, although I consider myself extremely lucky in that case.

MBAdon

I have won 2 of 3 trial by written declarations. On the first one I questioned the cop at the time of the ticket and he gave some stupid reasons for how he knew I was the car he was looking for. I assume that is why I wont that one. The second one I won was an improper left turn ticket and all I wrote was that it was a residential street with no lane lines and no oncoming traffic and I maintain my innocence. Didn't expect to win that one. Maybe the cop didn't answer.

Either way, always do the written declaration.