Trial by declaration examples

Hiring an attorney doesn't have to be expensive. Our fees are reasonable because we have designed our business to be efficient.

Many clients actually save money because they have hired our law firm. Judges know the law and simply determine the facts from the submitted declarations and determines whether the established facts were in violation of the law.

When you go claiming that you did speed or did cross the line abruptly the judge stamps it with a guilty all because you established the fact and the proof of the violation. Trial by Written Declaration Fight your case from the comfort of your own home. Hire Us Now! I believe that I was driving approximately mph at the time of my stop and that my speed was quite safe for the prevailing conditions. At the time of my stop, the road was dry and clear with light traffic. When using radar evidence, the prosecution is required to prove that the use of radar is not an illegal speed trap.

If the prosecution does not attach proof with its written declaration a certified copy of the speed survey to establish as part of its prima facie case, that Sorrento Valley Road is not an illegal Speed Trap, as they are required to do pursuant to CVC b , I trust the Court will rule the radar evidence inadmissible and dismiss my case pursuant to CVC I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Members-only declarations listed on this page are available on an individual basis by email only. There is no membership section where you log in to see members-only declarations. If you are a newly paid member with a ticket of this type and violation, this declaration example will be emailed to you once I receive your membership fee and one of us has had a chance to review your registration information.

This can often take up to a day. Please be patient. If you are a returning paid member requesting additional examples past your first request, please send us a copy of the ticket you need help with.

We need to verify the ticket belongs to the member membership is only for one person. Also, we do not work at night. We have regular business hours just like everybody else. So, if you register at PM, the soonest response you can expect is late morning the following day.

Because of budget cuts, they are only open for a few hours a day on a few days of the week. Motorists must request a Trial by Written Declaration by the court appearance date on their traffic tickets. Technically, the request must be received by the appearance date.

Generally, motorists must also remit the total bail amount to the court. Along with the Trial By Written Declaration request, motorists can submit a statement of facts. More on that below. Typically, a judge reviews the paperwork within 90 days.

The officer must provide a written statement to the court as well. Significantly, there is no prosecutor and no defense lawyer present during this review. The only advocacy is the aforementioned statement of facts. If the judge reduces the fine, approves traffic school, or finds the defendant guilty, the motorist has two basic options. The motorist can accept the outcome or request a trial de novo.

That means the court places the matter on the regular trial docket as if there were no previous proceedings. The motorist can move forward with a lawyer or personally appear for the new trial. The bottom line is that a Trial by Written Declaration is risk-free. In a great number of cases, the Trial By Written Declaration is the best way to dismiss a traffic ticket in California. Most people cannot travel more than a few blocks without violating some provision of the Vehicle Code.

The two most common types of traffic tickets in California are probably the aforementioned speeding tickets and red light tickets. Not coincidentally, these tickets are among the most expensive types of citations in California. Fortunately, these citations are also among the easiest ones to defend via a Trial by Written Declaration. Many people think a speeding ticket is not a big deal.

But the true cost of a speeding ticket is about thirty-three times the fine amount. Penalty assessments make up much of that amount. Furthermore, a speeding ticket might increase automobile insurance rates by over 40 percent.

Most drivers must pay these higher rates for at least three years. Red light camera tickets are not much better. All these violations are the same. Red light camera citations are moving violations. So, they could drive up insurance rates as well.

This step is not always as easy as it seems, especially if it is not clearly listed on the ticket. Do not rely on Google Maps or another third-party source. Next, write a short letter pleading not guilty and requesting a Trial by Written Declaration.

Also include the full bail amount. A money order payable to the court is usually best. This letter is different from the statement of facts. After the clerk receives your letter, the clerk sends the forms to complete your Trial By Written Declaration request. Generally, drivers have four weeks to return these forms and any supporting documents.

The completed and returned forms should lay out your defense. Some examples of some defenses are examined below. Chances are, if you have a valid defense to a red light or speeding ticket, it will be one of the ones we discuss. Do not forget to add an appendix, such as a website printout or photographs, as appropriate.

Stamps are cheap, so add plenty of postage. Then you must wait.