Could not believe it!!! Jumped on the freeway this morning for a drive out to the desert & got pulled over less than 15 minutes into what I had hoped would be a great drive in the e55 Wagon I just picked up a week ago!!! Clocked me for 77mph (limit is 65) so now I guess traffic school awaits me.

I guess I can only go to traffic school once every 18 months to avoid having a point on my record (Calif law). This will be a very long time as my foot is sooo attracted to that right pedal!

Naturally then, I need a recommendation for an excellent, reliable system to keep me from getting speeding tickets. I've seen the threads for the etched rearview mirror system, but where would I mount it on a wagon (no rear shelf)? Any thoughts & ideas would be great. Thanks!

 

Valentine V1

 

Requesting a Trial by Written Declaration (CVC 40902) gives you the best chance to win your case. Most people (99% of defendants) never contest their alleged violations due to the inconvenience of making two separate court appearances: the first to plead not guilty (appearance date) and the second to stand trial. In reality, the law permits you to contest an unfair citation with zero court appearances.

You can plead not guilty with a Written Not Guilty Plea (CVC 40519(b)). In this plea you can request a Trial by Written Declaration, a legal right in all traffic infraction cases under CVC 40902. The court will mail the Judicial Council approved Trial by Written Declaration (TR-205) form to you.

You'll be given three to four weeks to turn in your written declaration. In the written declaration, you can give testimony and present evidence (pictures, diagrams, etc.) to support your case. The officer who cited you will also have the same deadline by which to complete a written declaration describing his justification for citing you.

There are many advantages to contesting by written declaration. The most obvious advantage: the officer gets paid $200-300 to show up in person at a court trial but gets paid NOTHING to complete this declaration paperwork. In my experience, about 30% of police officers fail to submit a response to the court by the deadline. If the officer does not turn in his declaration on time, your case is DISMISSED and your bail is returned. By simply contesting by written declaration, you stand a decent chance of dismissal regardless of your argument.

Trial by Written Declaration: Judgment

If the citing officer fails to respond by the due date in writing, your case will be dismissed and your bail will be refunded. The Clerk of the Court will inform you of this dismissal in writing.

If the officer returns his declaration by the due date, the judge or commissioner will rule on the case. You will be informed by mail of the verdict via a Trial by Declaration judgment. If you are found not guilty, the charge is dismissed and your bail is refunded.

If you are found guilty, a fine (taken from the bail you sent in with your written declaration) may be imposed. Your bail is usually equivalent to the maximum legal fine for the charge. This fine may be reduced or suspended at the court's discretion. The judge may also assign you to complete a DMV approved Traffic Violator School. When you provide proof of completing traffic school, the court will set aside your conviction and no violation point will be reported to the DMV.

Trial de Novo: A New Trial and Second Chance of Winning Your Case

Section 40902(d) of the Vehicle Code states: If a defendant is dissatisfied with a decision of the court in a proceeding pursuant to this section, the defendant shall be granted a trial de novo."

If the judge finds you guilty after reading your declaration, you are automatically entitled to a new trial! Nowhere else in criminal law are you entitled to a new trial simply because you are unhappy with the outcome of the first trial. This is only a legal right in traffic infraction cases that begin as a Trial by Written Declaration. This "Trial de Novo" will be an in-person trial in which the judge hears evidence and testimony from yourself and the citing officer.

The legal right to a new trial has a host of advantages. If the officer does not show up at the new trial, your case is dismissed. By the time you get to a trial de novo, three to six months after you were cited, the officer may no longer remember significant facts of your case, leading to a dismissal. If the new judge at your second trial is fairer than the first judge and accepts your argument, he can dismiss the case or find you not guilty. Even if you are found guilty at your second trial, the judge can still reduce your bail and assign you to traffic school.

To request a Trial de Novo, you must submit a form TR-220 (Request for Trial de Novo) to the court postmarked within 20 days of the mailing date of your guilty verdict.

http://www.ticketassassin.com/fight.html

 

+1

 

Good write up, lots of good info........ I also wanted to add a small comment: some courts will now offer the officer a second chance if they don't show up or if they don't submit their written declaration on time. When my friend contested his ticket, the court set a date so that my frind and the officer can both give their sides of the story, but when the officer didn't show up, the judge extended the trial to a different date.

 

Thanks for the great information TT - really appreciate it!

Also, I'll be shopping for a Valentine 1 after the first of the year!

Thanks again, guys!!!

 

All great info, V1 saved(for sure) me last week back from vegas. Trial by Dec, Trial de novo, traffic school, traffic school level II(12 hr.).

 

yea, but now with Traffic school on the Net, it's not 12hrs anymore, but great info... I knew a few years ago when Calif was SERIOUSLY hurting for cash, the spliff for officers to show up in court was removed, so getting it dropped was SUPER easy...