Most likely the reason you are on this website is that you were issued a Traffic Ticket in California. If so, you are in the right place. If you have decided to contest a traffic ticket with a trial by written declaration we can help prepare your documents for you. We specialize in fighting traffic tickets for infractions and over many years and we have helped thousands of people to successfully beat their traffic tickets.
So, if you have decided to contest your traffic ticket we can help by preparing all the necessary documents for you for a trial by written declaration with the goal of getting a dismissal of the ticket. You may contact LA County registrar recorder at P. A Legal Document Assistant cannot provide legal advice and can only provide self-help services like preparing, completing, or filing legal documents or forms at your specific direction and supplying you with attorney-approved written material for your self-help needs.
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The representatives, agents and principles of FYTT are not acting as your attorney. Vehicle Code section allows a defendant to challenge traffic infraction citations in writing, without having to appear in person at court. This procedure is called a "trial by written declaration. Are you eligible to request a trial by written declaration?
If you have been charged with a traffic infraction or a violation of a local ordinance adopted under the Vehicle Code, you can request a trial by written declaration unless you were issued a ticket for an offense involving alcohol or drugs or the violation requires a mandatory appearance in court. How do you ask for a trial by written declaration? If you mail your request and enclose a stamped, self-addressed envelope, the court will mail you instructions and a form entitled Request for Trial by Written Declaration form TR The top portion of the form you receive should be filled out by the court clerk with important information; read it carefully.
Once you get the form and instructions, you can fill out the paperwork. Is payment of bail required for a trial by written declaration?
Vehicle Code section requires that you deposit bail in order to have a trial by written declaration. Deposit of bail is the choice you make for the convenience of not having to travel and appear in court to resolve your traffic ticket. What happens in a trial by written declaration? Choosing to have your trial by written declaration means that instead of going to court to contest your case, you and the officer file statements and any evidence in writing.
IMPORTANT: By filing a declaration in a trial by written declaration, you are waiving and giving up the rights to remain silent and not incriminate yourself, and the right to a public and speedy trial. What is the procedure for a trial by written declaration? Here is a checklist for having a trial by written declaration.
Skip to main content Skip to topics menu Skip to topics menu. Click here to print and fill out a blank sample letter for your use. Using certified or registered mail with a return receipt request to send the letter to the designated traffic court at least 7 days prior to your appearance date. In most cases, you will be given up to 4 weeks to prepare your response and file the trial by written declaration.
You must prepare a statement of facts as required by the Trial by Written Declaration forms, provided to you by the traffic court, and submit the completed form TR to the traffic court prior to the due date. If your traffic ticket is not dismissed by the traffic court with the Trial by Written. You must appear in traffic court on time and on the date given to you by the traffic court.
The Trial De Novo will be an in-person court trial where you will be able to present your case to the traffic judge and the judge will also hear from the traffic officer. If your traffic ticket is still not dismissed you may ask the judge to allow you to attend traffic school. It would be up to the judge to accept your request to attend traffic school. In most cases, the judges will allow you to pay the traffic ticket fine and go to traffic school based on People v.
If the judge accepts your request to attend traffic school , then you should follow all the instructions given to you by the traffic court to complete traffic school. If you decide to appeal the judge's decision to a higher court you may do so, however, you may want to consult an attorney at this point. Out of the 6 steps discussed above to file a trial by written declaration, even though all are important, step 4 is the most critical step that requires special attention to details in order for you to successfully get your traffic ticket dismissed.
If you prepare a compelling, clear and concise explanation of facts with adequate technical information with clear understanding of the California Vehicle Code then the chances of dismissal are quite high.
There are also those who go to traffic court with the hope that the traffic officer may not show up to testify and that would get their traffic ticket dismissed. This may happen from time to time but it is not as common as people think. Most law enforcement agencies pay their officers over time to go to court. Therefore, traffic court testimony is not as much of a burden on the officers. For your reference, we have listed the California vehicle code section which governs the Trial by Written Declaration for Traffic infraction cases:.
The court , pursuant to this section, shall, by rule, provide that the defendant may elect to have a trial by written declaration upon any alleged infraction, as charged by the citing officer, involving a violation of this code or any local ordinance adopted pursuant to this code, other than an infraction cited pursuant to Article 2 commencing with Section of Chapter 12 of Division Any rule or form adopted by the Judicial Council pursuant to this paragraph shall supersede any local rule of a court adopted pursuant to paragraph 1.
If the defendant is found not guilty or if the charges are otherwise dismissed, the amount of the bail shall be promptly refunded to the defendant. Most likely the reason you are on this website is that you were issued a Traffic Ticket in California. If so, you are in the right place.
If you have decided to contest a traffic ticket with a trial by written declaration we can help prepare your documents for you. We specialize in fighting traffic tickets for infractions and over many years and we have helped thousands of people to successfully beat their traffic tickets. So, if you have decided to contest your traffic ticket we can help by preparing all the necessary documents for you for a trial by written declaration with the goal of getting a dismissal of the ticket.
You may contact LA County registrar recorder at P.
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