So i got a ticket...
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hmm so i have to mail in a payment for the "bail" and send a letter along with it for the trial by written declaration? I think i'll call or stop by the courthouse next week and ask them as well if i can do trial by written declaration. I just got my courtesy notice in the mail but all it says is something about bail and paying it. nothing about trial by written declaration. can you ask your brother about those forms and how about he wrote his written declaration? thanks.
Keep in mind that anything over 65 is a violation. If you're planning to fight the ticket, (and I would) just remember that you have to insist that you were not exceeding the limit at all. Otherwise the judge will simply give you a ticket for slightly slower speeding. Also, for what it's worth, cops in CA are allowed to visually estimate your speed. They don't need radar or anything. I do agree that trying to guess the speed of traffic in the opposite direction is next to impossible, and a judge may throw out the ticket. Good luck!
I thot in CA, speedlimits where recommended and you only had to be going "safe speed" based on conditions. Also I thout u culd contest tickets simply for being wrong even if ur in violation.
"safe speed" - a sub (not overly reliable) used to be a lawyer but retired and now is subbing was at one of my classes and a friend had recently got a ticket, asked for advice, and the sub said that speed didn't matter much, that it is just safe speed, and I also heard that from a cop when I took the driving class.
As for the accuracy part, I've read online about how to defeat tickets (those radar gun defeating things) and it said that all you had to do was convince the court that the officer was lying, or in error, and if they felt he was wrong about the speed it had to be thrown out, I'm not real clear on this tho. I think you'd have to convince the court you where going a lot closer to the speed limit, and simply point out how errored the cops methods for determining speed where.
And finally, about your ticket. Your sure the cop wasn't following you while u were speeding right? cuz if not, I can't imagine it holding up in court, hell, it wouldn't surprise me if the cop didn't even sho up.
GL
"safe speed" - a sub (not overly reliable) used to be a lawyer but retired and now is subbing was at one of my classes and a friend had recently got a ticket, asked for advice, and the sub said that speed didn't matter much, that it is just safe speed, and I also heard that from a cop when I took the driving class.
As for the accuracy part, I've read online about how to defeat tickets (those radar gun defeating things) and it said that all you had to do was convince the court that the officer was lying, or in error, and if they felt he was wrong about the speed it had to be thrown out, I'm not real clear on this tho. I think you'd have to convince the court you where going a lot closer to the speed limit, and simply point out how errored the cops methods for determining speed where.
And finally, about your ticket. Your sure the cop wasn't following you while u were speeding right? cuz if not, I can't imagine it holding up in court, hell, it wouldn't surprise me if the cop didn't even sho up.
GL
Originally Posted by soggynuts
IF you fight a ticker do you have to pay court fees? i wanna fight mine cuz i dont have enough money to pay for it and i need more time to get moneys together
Daios: I'll ask my brother again, as I've just forgotten what he told me earlier. :-P
I didnt read all these posts but ive taken a speeding ticket to court and got it removed. Basically the run down is they'll ask you to plead guilty or not guilty. When you say not guilty they schedule another court appointment. When you go to schedule it make sure they sepoena(spelled wrong, basically notify the officer to come to court) the officer. When you come back for your case they'll ask you if you were speeding and you'll say no. When they ask you to replay the situation make sure to let the judge know respectfully that its not up to you to prove whether or not you were speeding. MAKE SURE YOU dont say anything before the officer trys to explain. As soon as his argument sounds weak and/or unfounded note that to the judge. If the officer has any trouble with the validity of his statement your home free. Hope this helps. If you have any questions about my case let me know. -Todd-
Daios: Alright, here's what my brother said:
So you first wait for the courtesy notice. If you haven't received it by 1 week prior to the date on it, then give the county clerks office a call, and they should be able to tell you what's going on.
You then fill in the courtesy notice with a non-guilty declaration and send in the bail amount. Along with the courtesy notice send a letter stating you are requesting a "Trial by Written Declaration"
[On the courtesy notice] there is no mention of a Trial by written declaration. It was just enter plea and send in money. You have to actually request the "Trial by Written Declaration" by hand.
Be sure to send the letter back certified or something, so that you can have evidence that it is received.They should then send you some forms along with instructions on filling them out.
Fill out the "Trial by Written Declaration", include whatever evidence [your written argument and any photos, etc. that may be pertinent], and present your case. Send back the forms and then await the verdict.
FYI, the contents of the letter he wrote requesting the "Trial by Written Declaration" was just something he came up with randomly. It looked something like this:
This letter is with regards to docket no. ________. This docket pertains to a citation involving violation _________. For this citation, I wish to file a plea of not guilty.
I request a Trial by Written Declaration, as per California Vehicle Code section 40902. Please mail to me, all relevant forms pertaining to this request to the address on record (and as listed above).
Enclosed, please find a check in the amount of $_____ as coverage of the bail on this citation
It might not need to look like that, but you can use it as a template, or to give you ideas.
That's all I've got - hope it helps.
So you first wait for the courtesy notice. If you haven't received it by 1 week prior to the date on it, then give the county clerks office a call, and they should be able to tell you what's going on.
You then fill in the courtesy notice with a non-guilty declaration and send in the bail amount. Along with the courtesy notice send a letter stating you are requesting a "Trial by Written Declaration"
[On the courtesy notice] there is no mention of a Trial by written declaration. It was just enter plea and send in money. You have to actually request the "Trial by Written Declaration" by hand.
Be sure to send the letter back certified or something, so that you can have evidence that it is received.They should then send you some forms along with instructions on filling them out.
Fill out the "Trial by Written Declaration", include whatever evidence [your written argument and any photos, etc. that may be pertinent], and present your case. Send back the forms and then await the verdict.
FYI, the contents of the letter he wrote requesting the "Trial by Written Declaration" was just something he came up with randomly. It looked something like this:
This letter is with regards to docket no. ________. This docket pertains to a citation involving violation _________. For this citation, I wish to file a plea of not guilty.
I request a Trial by Written Declaration, as per California Vehicle Code section 40902. Please mail to me, all relevant forms pertaining to this request to the address on record (and as listed above).
Enclosed, please find a check in the amount of $_____ as coverage of the bail on this citation
That's all I've got - hope it helps.
The docket number was the number given to the specific case/violation - it's the court's filing number. It should be on the Courtesy Notice. The violation should be written on the ticket (something like "VC-12345 - Failure to Something or Other").
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HEY!!! SNAP OUT OF IT!!!
go to www.ticketassassin.com for all of the details. It guides you through the process and even gives to examples you can use to help you write your letter.
Also, on the back of the original citation, it should mention something about doing a written declaration-FYI.
I have beat many tickets this way... two of them were RADAR doing 88MPH- one in a 55 zone too!
anyway, check out the web site!
go to www.ticketassassin.com for all of the details. It guides you through the process and even gives to examples you can use to help you write your letter.
Also, on the back of the original citation, it should mention something about doing a written declaration-FYI.
I have beat many tickets this way... two of them were RADAR doing 88MPH- one in a 55 zone too!
anyway, check out the web site!
Thread Starter
Registered User
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From: Bahay area, CA
Car Info: RIP: 2000 2.5RS Sedan, BRP Now: 08 WRB WRX Hatch
wow more info.. thanks guys! I'll see what i can do now to fight this thing..
i'll prob be at uckk tomorrow if someone has any more info
i'll prob be at uckk tomorrow if someone has any more info
Originally Posted by Daios
i came from dumbarton and stayed on the same street going straight on the same road on marsh then got on 101 northbound at the end of that street. the cop said he first saw me on that road and he was going the other direction then turned around. then he said from that entrance marsh>101 it took him 5 mins to get to me. i saw him in my rearview prob 1/4 mile before whipple then he turned all his lights on and stopped at the whipple exit.
Do you think you were speeding? I think that sucks. I got a ticket at 1am about two months ago. I was speeding but there was no other cars and there was a wicked curve. I'd say mine was a neccesity, it was worth it. I think you better fight it but remember you just said that he was following you about a 1/4 mile back. he may have had time to pace you. It would only take about 30 seconds. Godd luck!


