fight red light ticket?
07-16-14, 08:45 AM
#31
As of a few years ago that was correct. The thing with the written declaration is you have to pay the fine up front though. You only get a refund once you are deemed not guilty. So if you loose the written declaration piece and decide to go to court there really is no reason to postpone it as they already have your money.
07-16-14, 09:48 AM
#33
Trial By Declaration is God Send. I got pulled over for "not stopping at a red light before making a right turn"... the thing was that the light was still yellow when I crossed the intersection. The intersection starts at the first line of the cross walk if there are no preceding line in front of it.
I also printed a nice diagram in my written statement, I also pointed out where the officer was "hiding" where he couldn't have possibly see the crosswalk which marked the intersection. Low and behold I WON. Saved myself 500 bucks.
Just google "california trial by declaration" and you will see plenty of information on this. Basically, you need to attach a check and write that you choose to do a trial by declaration.
The nice thing is... if you lose the trial by declaration, you can still fight that in court. You have 2 chances to win. If you go to traffic court straight, you only get 1 chance. By then, the officer most likely had forgotten all the details of the ticket.
I also printed a nice diagram in my written statement, I also pointed out where the officer was "hiding" where he couldn't have possibly see the crosswalk which marked the intersection. Low and behold I WON. Saved myself 500 bucks.
Just google "california trial by declaration" and you will see plenty of information on this. Basically, you need to attach a check and write that you choose to do a trial by declaration.
The nice thing is... if you lose the trial by declaration, you can still fight that in court. You have 2 chances to win. If you go to traffic court straight, you only get 1 chance. By then, the officer most likely had forgotten all the details of the ticket.
07-16-14, 10:02 AM
#34
Trial By Declaration is God Send. I got pulled over for "not stopping at a red light before making a right turn"... the thing was that the light was still yellow when I crossed the intersection. The intersection starts at the first line of the cross walk if there are no preceding line in front of it.
I also printed a nice diagram in my written statement, I also pointed out where the officer was "hiding" where he couldn't have possibly see the crosswalk which marked the intersection. Low and behold I WON. Saved myself 500 bucks.
Just google "california trial by declaration" and you will see plenty of information on this. Basically, you need to attach a check and write that you choose to do a trial by declaration.
The nice thing is... if you lose the trial by declaration, you can still fight that in court. You have 2 chances to win. If you go to traffic court straight, you only get 1 chance. By then, the officer most likely had forgotten all the details of the ticket.
I also printed a nice diagram in my written statement, I also pointed out where the officer was "hiding" where he couldn't have possibly see the crosswalk which marked the intersection. Low and behold I WON. Saved myself 500 bucks.
Just google "california trial by declaration" and you will see plenty of information on this. Basically, you need to attach a check and write that you choose to do a trial by declaration.
The nice thing is... if you lose the trial by declaration, you can still fight that in court. You have 2 chances to win. If you go to traffic court straight, you only get 1 chance. By then, the officer most likely had forgotten all the details of the ticket.
07-16-14, 11:21 AM
#35
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Trial By Declaration is God Send. I got pulled over for "not stopping at a red light before making a right turn"... the thing was that the light was still yellow when I crossed the intersection. The intersection starts at the first line of the cross walk if there are no preceding line in front of it.
I also printed a nice diagram in my written statement, I also pointed out where the officer was "hiding" where he couldn't have possibly see the crosswalk which marked the intersection. Low and behold I WON. Saved myself 500 bucks.
Just google "california trial by declaration" and you will see plenty of information on this. Basically, you need to attach a check and write that you choose to do a trial by declaration.
The nice thing is... if you lose the trial by declaration, you can still fight that in court. You have 2 chances to win. If you go to traffic court straight, you only get 1 chance. By then, the officer most likely had forgotten all the details of the ticket.
I also printed a nice diagram in my written statement, I also pointed out where the officer was "hiding" where he couldn't have possibly see the crosswalk which marked the intersection. Low and behold I WON. Saved myself 500 bucks.
Just google "california trial by declaration" and you will see plenty of information on this. Basically, you need to attach a check and write that you choose to do a trial by declaration.
The nice thing is... if you lose the trial by declaration, you can still fight that in court. You have 2 chances to win. If you go to traffic court straight, you only get 1 chance. By then, the officer most likely had forgotten all the details of the ticket.
yeah i did, but does that have to do with anything in this case? traffic school was for my previous citation.
07-16-14, 11:43 AM
#36
Just say that she was applying what she learned in traffic school. 
Yellow light in the intersection is safe.
Seriously, if you are confident that you were in the intersection when the light was yellow, and then go to state how many feet the officer was behind you, you might have a shot. Supply photo of where the officer was to show that there was no way of seeing the line that marks the intersection from his position at the time the light was still yellow. Don't forget to add google map to point out where you were at and where the officer is at.
The more facts you provide, the more chances you have with the judge has at understanding what happened.
For each fact and evidence you provide, the officer has to write up a rebuttal. If you are lucky, the officer may feel that it's not worth his time to write a long document to challenge your facts. Plus, he may feel this guy/gal is a tuff fight and may end up going to a court (Trial De Novo), so he will bail.
What's the worse that can happen? You already got the ticket and you lost the option to go traffic school
Yellow light in the intersection is safe. Seriously, if you are confident that you were in the intersection when the light was yellow, and then go to state how many feet the officer was behind you, you might have a shot. Supply photo of where the officer was to show that there was no way of seeing the line that marks the intersection from his position at the time the light was still yellow. Don't forget to add google map to point out where you were at and where the officer is at.
The more facts you provide, the more chances you have with the judge has at understanding what happened.
For each fact and evidence you provide, the officer has to write up a rebuttal. If you are lucky, the officer may feel that it's not worth his time to write a long document to challenge your facts. Plus, he may feel this guy/gal is a tuff fight and may end up going to a court (Trial De Novo), so he will bail.
What's the worse that can happen? You already got the ticket and you lost the option to go traffic school
07-16-14, 01:14 PM
#37
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i don't have any photos, so best i can do is probably just the google map, thanks for the tip!
another question: do officers need another officer's supervision when they pull people off? because there was another officer from another cop car, standing there watching, not doing anything, while my officer writes me a ticket. when he was done, he said "thanks man" to the other officer, and then he drove off.. just curious..
another question: do officers need another officer's supervision when they pull people off? because there was another officer from another cop car, standing there watching, not doing anything, while my officer writes me a ticket. when he was done, he said "thanks man" to the other officer, and then he drove off.. just curious..
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