Your Honor, I respectfully request that this citation be dismissed based on the statement as set forth herein. Moreover, kindly accept this correspondence as my formal plea of not guilty. On April 1, , I was traveling southbound on the I-5 freeway. On said day and location, I was pulled over by an Officer and cited for violating California Vehicle Code Section a. However, I do not believe that I exceeded the speed limit as alleged by the officer as there were two large trucks in front of me and other vehicles in the lane next to me traveling at a higher rate of speed.
If however this case is not dismissed, even though I contend that I believe that I am not guilty of this violation, if eligible, I hereby respectfully request permission to attend a court approved traffic violator school. I declare under penalty of perjury that this statement is true and correct. Most likely the reason you are on this website is that you were issued a Traffic Ticket in California.
Filing a trial by declaration may be a good option. In California, filing a TBD allows you two shots at winning your ticket, first by paper, and second by live trial.
Hiring an attorney to defend your traffic ticket may mean the difference between a conviction and a dismissal. With high fines, DMV points and your license at stake, you need an experienced traffic law firm to handle it.
Our traffic attorneys are the best in the business because:. The California state Judiciary and Court in a way to promote judicial economy and to provide a convenience for people who live and work far away from where they were cited, wrote Vehicle Code section which is used in conjunction with California Rules of Court 4.
Trials by Written Declaration commonly referred to as Trials by Dec, are infraction trials done through written correspondence between the defendant, the Officer and the Court. So, someone who receives a traffic ticket can, if submitted with the right forms and the exact bail amount, request to have a Trial by Written Declaration and if that request is made before the due date of the ticket.
If the Court approves the Trial by Written Declaration, the officer who wrote the ticket will reply with his statement and then the Court will determine both statements to decide if you are guilty or not guilty. Once a decision is made the defendant is sent a letter of the outcome in the mail and the DMV is electronically notified.
According to California Court Law — Section , an individual can challenge their traffic ticket through writing instead of going to court. Trial by written declaration is accessible in situations that involve moving violations such as speeding, stop signs, carpool lanes, red lights and others.
If you receive a ticket for a moving violation, a trial by declaration can come in handy provided your case does not involve a misdemeanor such as alcohol or a drug that requires an in-person trial. When the dismissal of a case happens, it is because the prosecutor has to drop the case against the defendant.
This happens when there is no way left through which the case can be justified against the defendant resulting in the termination of the case in the court. As a result, your ticket does not end up on your record. No matter how careful of a driver you are, you might unknowingly breach a vehicle law. Any negligence in the judgement or concentration from your side might get you in trouble with dire consequences. However, to save yourself from paying a huge fine and higher insurance premiums, a trial by declaration can help you fight and dismiss your traffic ticket.
There are big advantages to choosing trial by written declaration over an in-person trial. Yes, you can fill out the trial by declaration form on your own. So, to avoid any risk, you should take help from professional companies that have extensive knowledge in these procedures, California driving laws and come with the right experience to help you get out of such situations that might go messy otherwise. Think about this: a pipe bursts in your house.
Yes, you could try to fix it yourself.
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