Trial by declaration???

[TheDarkness03]

so yesterday i got popped for doing 90 in a 55 (i was in a hurry, lol) it was a long, straight, 2-lane highway in the middle of the desert and he cited me with 22349(b) P.C. it was a CHP and even though i work for the local sheriffs dept. as a custody officer, he still didn't cut me a break :shrug:.

however, after i signed the ticket, he asked me if i have ever read the reverse side of a ticket...i said no. he said for me to read the part about "trial by declaration" and it would be a good "option" if i wanted to fight the ticket. now im not sure why he would say that to me, do you think he might have been throwing me a hint for a way to get out of my ticket??? i wouldn't even know where to begin on how to write one :??:

i'm not sure what the fine on the ticket will be, can they suspend my license for that?

thoughts? advice?

 

[dezertcobra]

trial by declaration is not hard to do. I just recently did one for unsafe start and if you lose you can do trial de novo which means you are asking for a new trial where you show up within 20 days of your first written trial results. when you get the letter in the mail it will say a fine. call the court and ask for the trial by declartion paperwork and they will send it. it is important not to incriminate yourself like i know i was speeding but i didnt think i was going that fast. so if you have nothing good to say dont say anything but not guilty. ahhh..you might be asking if i won. yes and no...lol. i had a no proof on insurance ticket on there too but i had insurance and had mailed the ins card in with the written dec. well they found the unsafe start charge dismissed in intrest of justice and found guilty of no proof of insurance. when i called to pay it i asked about it about a month later and she said she had to talk to the judge. well the courthouse in rancho cucamonga made a mistake and it was the other way around. i was found guilty of the unsafe start but since 20 days had passed i could not request a new trial and the only thing to do was write the judge a letter. letter has been sent no response yet.

 

[TheDarkness03]

but like what would i write them in the trial by declaration? i wasn't speeding? lol i think it would be hard to mistake 90 in a 55, lol. i'm not sure why he would even say that to me...

 

[dezertcobra]

because most police dont actually get paid to fill out the paperwork for trial by dec. you write your side of the story and then the officer writes his. sure the officers get paid hourly but most officers hate paperwork therefor it never gets done. so just write not guilty in there with no explanation and hope the officer does not explain his side - if he does not then you win. if he does and you lose then you can do trail de novo which is a new court trial and one of two things will happen. if the officer does not show up you wing. if he does then you can just plead guilty and ask for traffic school or if you are feeling chippy plead not guilty. what did he write for speed in the actual ticket? does it say 90 or 65 plus. if it says 90 you probally wont get traffic school.

 

[mswaim]

The guy was throwing you a bone. It's my understanding you must submit the entire bail amount before they will accept a TBD letter on moving violations. The court will return it if you win. Some courts will not accept TBD if the speed offense reaches a certain threshold i.e., 25 mph over the posted limit, they require a manadatory appearance. It's not as important what you write, since the officers comment when he wrote you tells me he is not going to respond. You win automatically if he fails to respond.

And its another urban legend that officers don't get paid for completing paperwork. Not only do they get paid, its an easy assignment. They also get paid to attend court and rsk punishment if they don't.

 

[IveGotTheBlues]

The guy was throwing you a bone. It's my understanding you must submit the entire bail amount before they will accept a TBD letter on moving violations. The court will return it if you win. Some courts will not accept TBD if the speed offense reaches a certain threshold i.e., 25 mph over the posted limit, they require a manadatory appearance. It's not as important what you write, since the officers comment when he wrote you tells me he is not going to respond. You win automatically if he fails to respond.

And its another urban legend that officers don't get paid for completing paperwork. Not only do they get paid, its an easy assignment. They also get paid to attend court and rsk punishment if they don't.

If the court does not accept that TBD, I believe that is in violation of CVC 40902 (a). I believe the only time the court can deny the TBD is when the violation is an Alcohol or Drug offense.

To the OP, you may or may not get a "courtesy notice" in the mail regarding your ticket. When you do, it will outline your bail amount. Submit a plea stating "not guilty", your full bail amount, and a request for TBD. Then the court will send you form(s) TR-200 and TR-205 of which you must read, include your synopsis, and sign and date.

Once the judge has reached a verdict, the response will be mailed. If you win, the bail amount is refunded in a "timely manner". On average, 6-8 weeks.

 

[TheDarkness03]

The guy was throwing you a bone.

so you think the guy was hinting that he wasn't going to respond? could i seriously plead not guilty without an explanation? or would i have to start asking if the officer was currently certified on his radar unit, ask if it was calibrated properly, etc.?

 

[IveGotTheBlues]

so you think the guy was hinting that he wasn't going to respond? could i seriously plead not guilty without an explanation? or would i have to start asking if the officer was currently certified on his radar unit, ask if it was calibrated properly, etc.?

If your question is is directed towards mswaim, I apologize in advance for answering, but:

You don't need an explanation to plead not guilty. In fact, your entire statement of facts on your TR-205 can read, "I AM NOT GUILTY." If the officer does not respond, you win. Remember, you are innocent until proven guilty.

As far as asking the officer for calibration information, road surveys, etc. don't start doing that until you have an approach to arguing the case. The first step in arguing the ticket is to develop a strategy:

If the facts are against you, argue the law. When the facts are supportive of you, argue the facts.

Once you decide a strategy, then you can think about gathering the survey results, calibration papers, etc...

But like mswaim said, he was throwing you a bone. He probably will not write up his statement. Good Luck!

 

[TheDarkness03]

If your question is is directed towards mswaim, I apologize in advance for answering, but:

You don't need an explanation to plead not guilty. In fact, your entire statement of facts on your TR-205 can read, "I AM NOT GUILTY." If the officer does not respond, you win. Remember, you are innocent until proven guilty.

As far as asking the officer for calibration information, road surveys, etc. don't start doing that until you have an approach to arguing the case. The first step in arguing the ticket is to develop a strategy:

If the facts are against you, argue the law. When the facts are supportive of you, argue the facts.

Once you decide a strategy, then you can think about gathering the survey results, calibration papers, etc...

But like mswaim said, he was throwing you a bone. He probably will not write up his statement. Good Luck!

wow, i can seriously write "i am not guilty" with absolutely no explanation? lol. i sure hope he remembers me if he was planning on not sending in his statement. thanks! :thumbsup:

 

[IveGotTheBlues]

wow, i can seriously write "i am not guilty" with absolutely no explanation? lol. i sure hope he remembers me if he was planning on not sending in his statement. thanks! :thumbsup:

Absolutely.

 

[BAMM BAMM]

If it was CHP, he WILL do the TBD... It is policy and he will get into trouble if the paperwork is not done.

On a separate note, why would you expect a break as a custodial officer? Just curious.......

 

[TheDarkness03]

On a separate note, why would you expect a break as a custodial officer? Just curious.......

well, every other law enforcement agency that pulls me over cuts me a break, just never CHP...

 

[STG]

Of course you can write, "I am not guilty." Of course, you will lose. Somebody does read what you submit. The only possible way you'd win a TBD with that explanation is if the officer does not submit his written side of the story.

To win a TBD you need to be able to write well enough to tell a convincing story. I've used a narrative supported by Google Earth photos of the highway in question and photographs taken from the driver's point of view. (My friend was ticketed for making a right turn onto the 405 Freeway in Redondo Beach, CA from a lane marked "NO RIGHT TURN". We were able to prove that the sign was not visible to a driver from the route taken to the on ramp.)

 

[FordSVTFan]

well, every other law enforcement agency that pulls me over cuts me a break, just never CHP...

So, you identify yourself to the L.E.O. pulling you over and use your position to garner favor! :nono:

 

[TheDarkness03]

So, you identify yourself to the L.E.O. pulling you over and use your position to garner favor! :nono:

my department requires me to identify myself whenever i'm involved in an off-duty incident. i don't do it just to garner my favor...they usually just see that im not a complete shit bag like some of the other savages on the streets and they cut me some slack...

 

[FordSVTFan]

my department requires me to identify myself whenever i'm involved in an off-duty incident. i don't do it just to garner my favor...they usually just see that im not a complete shit bag like some of the other savages on the streets and they cut me some slack...

Off duty incident is not being stopped for a speeding violation. You are using your position to influence a L.E.O.

 

[TheDarkness03]

Off duty incident is not being stopped for a speeding violation. You are using your position to influence a L.E.O.

i like the way you're telling me what i'm doing even though you're not even there, lol. did you consider that they might ask me why my license plates come up confidential?

 

[FordSVTFan]

i like the way you're telling me what i'm doing even though you're not even there, lol. did you consider that they might ask me why my license plates come up confidential?

I did consider such, but since you wrote

even though i work for the local sheriffs dept. as a custody officer, he still didn't cut me a break

and

well, every other law enforcement agency that pulls me over cuts me a break, just never CHP...

you made it perfectly clear that you expect special treatment.

 

[TheDarkness03]

you made it perfectly clear that you expect special treatment.

i didn't say that i expect special treatment...but it definetely is a nice luxury sometimes, no one likes paying for tickets :dancenana:

 

[olefafl]

well, every other law enforcement agency that pulls me over cuts me a break, just never CHP...

How many times have you been pulled over?