I wrote a written declaration to fight a ticket and lost... and am now going to trial de novo. I know I can request the written defense to my case, but I don't know how.... anybody done this? anybody know how?

-Dan

 

Not sure what you mean by written defense. You can request the cop's notes from the traffic stop and also his version written to the court in response to your written declaration. Write the police jurisdiction and request all materials they have pertinent to your case. Write the court and request the same. Send both with signed delivery confirmation requests. If you don't get all the info, when you get to court you can move for dismissal because you were not provided the information needed to present a defense. You can move for dismissal if either the court or the cops don't respond.

Have your case prepared though, the judge doesn't have to dismiss.

Good Luck.

 

Is this true?... I'm currently fighting one too, and don't want to look like an idiot in court =).

 

what have you got to lose? The judge can deny the motion.
Can you guys just ask if you can plead guilty and take traffic school? (Or maybe do that at the end?) Unless of course you do not want to.

By the how long did it take for the court to send an response to the written declaration.
I am going through one as well.

Cheers

Nick

 

Thanks!.. ia ctually just got a similar response from the ticket assassin.
I actually don't remember how long it took to get a response from the courts... but I remember it was way faster than expected!... maybe 2 weeks? This was a court in the tahoe area.

 

Yeah, I just did a written declaration in Pleasanton, and they sat on my statement for a month. I called the court to find out what the dealio is, and a judge marked some postponement on the file without letting me know..... if I were already a lawyer I could probably get it dismissed for some cocamaimy "failure to provide a speedy trial" argument =).

 

hmm.. mine is in Pleasanton as well. I wonder if they have to respond in a certain period of time. I got to call as well.

Thanks for info.

Nick