Saturday, February 15, 2014

FIGHT A TRAFFIC TICKET: TRIAL BY DECLARATION

I had no idea this could be done. Martin Hill writes:

The revenue agents are getting pretty aggressive issuing expensive tickets, so everyone should fight them whenever possible. Contrary to popular belief, you don't always have to 'take a day off work' to fight a ticket. The California Vehicle Code outlines the rights of all motorists ticketed in CA. One good way to fight a ticket is through the mail, using a TRIAL BY DECLARATION. And if you lose, you're entitled

to a whole new trial in person!  It's like a free shot, with nothing to lose.

This is one of the most rudimentary steps that motorists ticketed in California can take to challenge their tickets. It is outlined in the CA Vehicle Code: V C Section 40902 Trial by Written Declaration

I have beaten nearly fifteen tickets of all sorts since I learned how to properly challenge traffic 'revenue' tickets in 2001. I've beaten speeding tickets, 'dog off leash' ticket, cell phone ticket, a commercial logbook ticket, parking tickets, etc. It is very easy. We encourage others to do the same. We have an extensive Traffic Ticket Archive Section outlining many victories included with court documents. I should note that I have also won in California Superior Court of Appeals, without a lawyer- in 2003. I wrote my own legal briefs and had a phony speeding ticket conviction overturned by a panel of three Superior Court Appellate Judges. I came across the ruling recently in some files, and will post it next week, along with my brief which they ruled on. My friend John Shanahan has beaten five tickets through the mail using TRIAL BY DECLARATION without ever having to appear in court. John beat three seat belt tickets, one red light camera ticket, and one stop sign ticket all through the mail. His archive page with court documents is here. Recently, a Pasadena, CA newspaper ran the story of an 81 year old man who beats a red-light camera ticket, and credited LibertyFight.com with the know-how.

Sometimes I outline specific victories but neglect to explain the most basic simple things that people can do to save time and money. A niece of mine, for example, who's only 20 and had never been to court in her life, beat the first ticket she ever got and later beat two  additional ones, for three tickets total- she beat a seat belt ticket, a speeding ticket, and a parking ticket. This is not brain surgery folks. Don't be a lazy slug and submit to the state. Make these rotten  revenue agents work for your money.

BUYER BEWARE

You need to follow this up carefully, for there are risks to you legally and financially if you fail to observe procedure.  Here is a list of the officially posted consequences that come from appealing through Trial by Declaration and you LOSE!!!  One consequence depends entirely upon the judge, and that consequence is that he could withhold your chances of going to traffic school if you lose.  In your appeal via Trial by Declaration, you have to ask the judge "If the charges against are not expunged, then I would like to apply for traffic school."  You have to make a specific request.  It's not automatic.  Here is another link that might provide insight. 


Here is a link on procedure.  Go to page 6.

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