How To Write A Defense For A Trial By Written Declaration
When most people realize for the first time that it is possible to fight a speeding ticket, one question usually comes next – how? Is it possible to fight a speeding ticket? Absolutely, with the help of a trial by declaration. So, have you exceeded the speed limit by a few minutes and ended up with a speeding ticket? Have you missed a stop sign accidentally? Do you want to protect yourself from the inconvenience of hefty fines, license revocation, and other risks associated with getting a traffic ticket? Then you must learn how to write a defense for a trial by written declaration.
What is a trial by written declaration?
The California state Judiciary and Court wrote the Vehicle code section 40902 to be used in conjunction with the California Rules of Court 4.210 to enable anyone charged with an infraction to have a trial by written declaration. This law allows an individual to challenge a traffic ticket by writing rather than going to court. You can take advantage of a trial by a written declaration in situations involving moving violations like speeding, running red lights, stop signs, carpool lanes, and others. You’ll find a trial by written declaration quite beneficial if you receive a ticket for moving violation without a misdemeanor like drugs or alcohol use (which will require a personal trial).
What is the procedure for a trial by written declaration?
The following are steps you should take to file for a trial by written declaration:
- Fill the request forms for a trial by written declaration and write a statement detailing what you remember.
- Include your bail payment amount by a check or money order – no cash.
- Make and keep additional copies of all your forms for your records.
- Deliver the original forms to the court clerk by mail, and this should be done by the due date.
- The court will then decide by a given due date.
Can you fill out your trial by written declaration form on your own?
Yes, you can always fill out the trial by writing a declaration form on your own. However, how you frame your words will make all the difference. If you don’t use the right words during your defense, you may not be able to get your case dismissed. Even worse, you may end up convicted of poor choice of words or failing to understand the law.
If you want to avoid any risk, your best option is to seek the assistance of professionals who have extensive experience and knowledge in fighting tickets and know everything about California driving laws.
TicketBust Is Here To Help
Being the leading California traffic ticket dismissal service, TicketBust takes pride in helping tens of thousands of drivers dismiss their traffic tickets through a trial by written declaration. With an experience in contesting traffic tickets for more than 18 years, we boast the most efficient system to solve your traffic ticket queries.
If you recently got a traffic ticket and need our help, TicketBust has got you covered.
How Do Insurance Companies Find Out About Traffic Tickets?
If you have ever gotten a traffic ticket before, then you may wonder how your insurance company even find out about them. The main thing that you need to know is that your entire driving history is kept on record and every insurance company can access it with the click of a button. Speeding tickets or other related violations can easily increase your insurance rates too.
Your Permanent Driving Record
Your entire driving history, including any violations (and not just speeding tickets), will be kept on record. When you have been convicted of an offense, the ticket will then appear on your record. There’s just no way around this. Your premium will not increase during the middle of the term if you get a ticket after your policy has been issued, but you can expect to see an increase at the renewal interval. In some instances, your insurer may even deny you coverage if this isn’t your first offense.
What Else can Insurance Companies See?
Some auto insurers will review a household member report. This will be part of your application and it ensures that you are paying for a premium that covers everyone in your home. This includes the household members that you might have forgotten to mention. Back in the day, everyone paid the same for their policy but since then times have changed. Now insurers are segmenting people into much smaller groups. The more accurately you can be segmented, the more accurately your premium will be. If you happen to commit a violation, you can expect your policy to go up.
How do you Fight a Ticket?
If you are deemed to be a high-risk driver because you have committed a violation then you need to fight it, especially if you think that the penalty is unfair. This is usually best done through a trial by written declaration. This will mean that you fight your traffic ticket by filing a written defense, as opposed to appearing in court. This is a much more efficient way of making sure that your premiums don’t rocket as a result of your latest ticket. It also gives you the chance to defend yourself if you believe that the price you’re now paying is unfair, or if you believe that the circumstances in which you were issued your ticket were exceptional. Some of the things that can work in your favor include the time of day, the weather, any traffic that might be on the road or even the driving conditions.
If you want to find out more, then the only thing that you need to do is contact us at TicketBust. When you do, you can then count on us to help you to get your ticket overturned, not to mention that we can also help you to build a very strong defense too. You can call us at 800-850-8038 or you can even email us at: info@ticketbust.com if you want to find out more. We’d be more than happy to help you out.
TicketBust Is Here To Help
Being the leading California traffic ticket dismissal service, TicketBust takes pride in helping tens of thousands of drivers dismiss their traffic tickets through a trial by written declaration. With an experience in contesting traffic tickets for more than 18 years, we boast the most efficient system to solve your traffic ticket queries.
If you recently got a traffic ticket and need our help, TicketBust has got you covered.
Does a Trial by Written Declaration Actually Work?
Imagine driving, you have exceeded the speed limit for merely 5 minutes and find yourself getting a speed ticket. This is terrible, right?! The speeding ticket will bring heavy fines, higher insurance premiums and maybe a license suspension. However, then you learn about a “trial by written declaration”. A trial by written declaration is a way to fight your traffic ticket through writing instead of in-person trial. If your ticket is dismissed, there will be no fines, no points and no court. This sounds great but does a trial by declaration actually work? Let’s take a look!
Are You Eligible To Request a Trial by Written Declaration
According to Section 40902 of the California Vehicle Code, “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 that requires a mandatory appearance in court.”
Therefore, if you have received a moving violation ticket such as speeding, stop sign, red light, etc., you can fight your ticket via a trial by written declaration. But if your case involves the use of drugs or alcohol, you are required to appear in court.
Trial by Written Declaration vs. In-Person Trial
It doesn’t matter if you’re a careful professional driver; you might unknowingly violate a vehicle law; after all, humans make mistakes. Sometimes even these unintentional mistakes can get you in trouble. However, you can save yourself from paying hefty fines by selecting a written declaration and dismissing your traffic ticket. There are many advantages of choosing a trial by written declaration over an in-person trial. These advantages include:
- As compared to an in-person trial, a trial by written declaration is the easiest and quickest way to get your traffic dismissed. For an in-person trial, you have to take time out from your busy schedule to appear in the court and fight your ticket, but with a trial by written declaration, you can save yourself from the fuss and fight the ticket from the comfort of your home.
- There are better chances of getting your ticket dismissed via a written declaration as compared to an in-person trial. The courts are busy. If you select the in-person trial over the written declaration, you may not be allowed to complete your defense or case. Moreover, the judge may get irritated, and he may end up humiliating you and make you an example. If you choose a written declaration, the judge will read your written defense in complete privacy without the court room’s hustle and bustle.
- A Trial by written declaration helps you save your hard-earned money as compared to an in-person trial. If you choose an in-person trial, you will have to take time off of work which could mean missing out on getting paid that day. Or you may hire an attorney to fight the case. This still does not guarantee that you will get your ticket dismissed. As a result, you will not only have to pay the traffic ticket, but you have to pay your attorney too for his services.
- If you lose the in-person trial on the first attempt, you won’t have any chance to apply for a retrial. However, you can get a retrial if you fight your ticket via a written declaration; this factor alone increases the success chances of your ticket getting dismissed.
- Lastly, a police officer is incentivized to appear in court. On the other hand, an officer is NOT incentivized to reply to written paperwork on your case. If an officer does not fill out the paperwork required for a written declaration then your ticket will be dismissed.
If you get a ticket for a moving violation, choose a trial by written declaration over an in-person trial to increase your chances of success.
So Does a Trial by Written Declaration Work?
The short answer is yes, the trial by written declaration process works. Firstly, you get a chance of retrial even if you have lost the trial in the first attempt. Secondly, even if you’re found guilty, you can request the judge to allow you to go to traffic school. Therefore, it is always worth it to fight your ticket first through a trial by written declaration.
Can I Do a Trial by Written Declaration on My Own?
You can fill the trial by written declaration form by yourself, but how you compose it will make all the difference. If you don’t select the proper words while defending your case, then you may not be able to get your case dismissed. Or worse you may get convicted for not knowing vehicle laws or poor choice of words.
To avoid the risk, you should seek help from professionals who have extensive experience fighting tickets and know California driving laws. If there is a leakage in your house, you can fix it yourself, but if you don’t know anything about fixing the leakage, you can end up making a mess.
TicketBust Services
If you have got a traffic ticket, you can get it dismissed with the help of professionals at TicketBust. TicketBust offers services in fighting tickets without appearing in court; no paperwork is needed because all you have to do is answer the questions about your ticket and leave the rest to TicketBust. TicketBust will prepare your defense, and all you have to is mail the defense to the court. Get your ticket dismissed today!
Can a Lawyer Dismiss a Traffic Ticket for You?
A traffic ticket is little more than an inconvenient annoyance for the majority of people who receive one. Most of those who are slapped with a ticket, lament their misfortune, pay the fine and then continue their lives. However, if you have a history of traffic tickets or other charges, the situation becomes more difficult. What if you’re 100% certain you didn’t commit what you’re being accused of? If so, you’re likely wondering if it is possible to dispute a traffic ticket in the same way you would any other charge?
Well, the answer is, yes you can. Traffic tickets can be challenged in court. It’s not, however, always a good idea to hire a lawyer to assist you if you want the highest chance of being successful for the lowest cost. You’re more likely to earn a lighter sentence with a lawyer on your side since they have deep knowledge of the law, but performing a trial by written declaration without an attorney is by far the best bang for your buck! Nonetheless, let’s take a look at how they could potentially help you.
How do lawyers get the job done?
While some may work as traffic accident lawyers, most traffic ticket lawyers devote their practice to tickets in general. They work through their caseload rapidly because matters like this aren’t usually as complicated as criminal law.
You might be wondering how much a traffic lawyer costs. The price varies from business to business, but most of them do not include a money-back guarantee if they are unable to have your ticket dismissed. And those fees are likely more than what TicketBust charges for document preparation services.
How do lawyers succeed in getting traffic tickets dismissed?
They are familiar with the complex background of traffic tickets. Every traffic violation has its own set of requirements that must be met. If something is missing, the ticket is deemed invalid and is dismissed. If the ticket was issued lawfully, a good lawyer may be able to decrease the fine or avoid points being added to the client’s driver’s license through plea bargaining. But, a trial by written declaration can help you get it dismissed altogether.
Benefits of hiring a traffic ticket lawyer
A lawyer can help you see the result you want, and you’ll obviously have a greater chance of winning by going to court with a professional rather than alone. Here are a few reasons why you should hire a traffic lawyer if you’re not going to first try to get it dismissed.
- They are more knowledgeable about the law than you are.
Most people believe that traffic legislation is simple, however, this is not always the case. Lawyers that specialise in traffic law have a thorough understanding of the law and know how to spot red flags.
- If your ticket isn’t dismissed, you might be able to negotiate a reduced fine.
This is the major reason why going to a traffic court is always a smart decision. If you have many infractions, traffic charges can add up quickly and put a strain on your finances. A lawyer can attempt to get the ticket dismissed, and if that fails, they will look at getting a reduced fine.
- You might require evidence for court that you don’t have.
If you’ve been accused of running a red light or failing to stop at a stop sign, a traffic camera recording may be able to prove your innocence. The issue is that you may not even be aware that the footage exists. A traffic lawyer will not only locate where traffic cameras are located, but will also be able to obtain the footage to show in court.
TicketBust
If you do contest your traffic ticket in court or hire an attorney to represent you, there is no guarantee that the ticket will be reduced or dismissed. This means you may have to pay expensive lawyer fees on top of everything else if you are not successful.
The truth is, there is very little a traffic ticket attorney can do for you that you cannot do for yourself. The bigger truth is, you don’t even need to go to court, much less hire a traffic attorney, to get your ticket dismissed.
We recommend to fight a traffic ticket through a trial by written declaration. A trial by written declaration is fighting your traffic ticket through written defense rather than appearing in court. At TicketBust, we help clients build a strong written defense and give them the best chance to get their ticket dismissed.
TicketBust Is Here To Help
Being the leading California traffic ticket dismissal service, TicketBust takes pride in helping tens of thousands of drivers dismiss their traffic tickets through a trial by written declaration. With an experience in contesting traffic tickets for more than 18 years, we boast the most efficient system to solve your traffic ticket queries.
If you recently got a traffic ticket and need our help, TicketBust has got you covered.
How Can I Reduce My Traffic Ticket?
California has some of the highest car insurance rates (even if the driving record is clean) and most expensive traffic ticket fines in the nation. So getting a traffic ticket can be very costly. Even just one ticket could mean thousands of dollars when you include the additional fees from court and county and the increase in car insurance rates for the next three years. For this reason, it is essential for every California driver to know how to reduce their traffic ticket in order to save money, time and major headaches.
How Much Is the Typically Fine for a Traffic Ticket?
The typically fine for a traffic ticket is difficult to calculate because it depends on the county, the severity of the offense and type of violation. However, drivers can expect to pay at least six times the amount of the base fine. So if you receive a $35 traffic ticket then you will have to pay $230 or more. This isn’t taking into account the insurance hikes. California drivers’ insurance premiums can increase from anywhere from 15% to even as high as 40% for the next three years after receiving a traffic ticket.
How Can I Reduce My Traffic Ticket?
When we receive traffic tickets and see the cost, our immediate thought is how can I get this reduced or dismissed. Here are your 2 main options to fight your traffic ticket:
Show Up In Court
You have the opportunity to appear in court on the assigned date in order to plead your case. Or you can contact the court beforehand and ask for an arraignment in order to enter your plea. From here, you can plead guilty and discuss how the fine should be paid – or you can plead not guilty and ask to receive a trial date. If you do contest your traffic ticket in court or hire an attorney to represent you, there is no guaranteeing that the ticket will be reduced or dismissed. This means you may have to pay expensive lawyer fees on top of everything else if you are not successful.
A Trial By Written Declaration
According to CVC 40902, the defendant can fight their traffic ticket via mail instead of physically appearing in the court. This is called a trial by written declaration. A trial by written declaration is seen as the best and easiest way of getting a ticket dismissed. However, the written defense must be presented clearly and in the right manner. If you are successful in doing this, you will not have to pay the fine, go to court and you will avoid points being added to your driving record. This saves a lot of time, effort, energy, and money.
What About Traffic School?
Many drivers think about going to traffic school in order to reduce traffic ticket costs. But bear in mind that traffic school only helps to keep insurance rates low. It does not remove the traffic ticket from your record. Simply, traffic school hides the points from insurance companies. That means you will still have to pay the entire fine and the violation remains on your record for three years. So any additional traffic tickets could mean suspension of your license.
That is why we recommend first to try to fight your ticket through the trial by written declaration process. If you choose the trial by written declaration and the ticket is not dismissed, you will still have the option to go to traffic school. This is not true if you fight your ticket in the courtroom. Whatever the judge decides on your case in court means that is it.
What If I Refuse the Traffic Ticket Immediately?
When you are pulled over by an officer, you are asked to hand over your car’s registration, license, and proof of insurance. They will then come back and hand you a ticket and ask you to sign it. Now, you can choose to not sign the ticket, but in doing so you’ll be arrested on the spot and presented in front of a judge. While this may, on the off-chance, work out for you, it is wise to avoid this kind of negative instance. Chances are the judge and officer will be irritated by your refusal to sign the ticket so therefore make you pay the full fine.
TicketBust Can Help You
If you’re in a spot of trouble in terms of your traffic violation, then TicketBust is here to help. At TicketBust, we help customers build a strong written defense that they then can mail to court. Just provide a photograph of your license and ticket, tell us about your circumstances, print the documents, and send everything to the court. Get started today!
Can You Refuse To Sign A Traffic Ticket In California?
There are days when nothing seems to be going right. You miss your alarm; skip your morning shower and coffee, all in the quest to get to work. Once you hit the road, you think about pushing the speed limit up a bit to reach your job on time.
Just as you proceed, your eyes wander to the rear-view mirror just to catch the sight of the flashing lights. You know what that means, you are about to get handed a traffic ticket. So how should you proceed? Can you refuse to sign a traffic ticket?
Can You Refuse To Sign a Traffic Ticket?
So what exactly happens when you get a traffic ticket? The officer pulls you over, asks you to hand over your car’s registration, driving license and proof of insurance. The officer will then present you with a ‘Notice to Appear’ if you are being charged with a violation, and you will be asked to sign it.
Technically – yes, you can refuse to sign the ticket. However, If you don’t sign it, the officer will immediately arrest you and present you in front of a judge. For most of us we want to avoid this confrontation.
Does Signing a Traffic Ticket Mean You Are Admitting Guilt?
So if you do sign the traffic ticket then you may wonder if it means you are admitting guilt. The answer is no! If you choose to sign the ticket, it only ensures your commitment of appearing in the court in due time of the appointed date. Therefore, even if you sign a traffic ticket after being pulled over, you can still fight it and get it dismissed!
Keep in mind, refusing to sign a traffic ticket does not mean you have a better chance of getting a traffic ticket dismissed. Most likely, not signing will irritate the cop and judge which will mean you will have to pay the full fine and have a point on your record.
The Options You Have After Getting A Ticket
If you end up with a traffic ticket, you must take action before the assigned date on your ‘Notice to Appear.’ All the courts are obligated to send a notice to remind you of your options, and you are required to act before the date on your notice runs out. If you fail to take action or appear in the court within the given date, the court can decide on charging you with a heavier crime, suspending your license, adding additional penalties and/or a warrant can be issued.
So, to avoid all the hassle, let’s look at the options you can choose from.
Pay the Ticket
You can accept responsibility and pay the fine, which is also known as ‘bail.’ You can send the payment and the courtesy notice payment stub to the courthouse. If there are violations that need to be corrected like an expired registration, make sure you include the correction as a proof. Here are some things to keep in mind if you choose to just pay your fines:
- An average cost of a traffic ticket in California is $230 with a base fine of $35 and you must not forget the 15% yearly average hike of insurance.
- When you pay for a traffic ticket, your driving record will get 1 to 2 points, and your insurance company may cancel your policy or increase the insurance premiums for the next 3 years.
- Your case will close once the court receives the payment. If you are unsure about the exact amount, you can contact the court and get to know about the total fine you need to pay. Some courts also allow you to pay the fine online.
- If you are struggling financially and aren’t able to pay the entire amount, you can ask the court to lower the amount or request a payment plan or community service.
Go to a Traffic School
If you get a traffic infraction, you can request traffic school from the court. Going to traffic school will help in keeping your car insurance down by not letting the insurance companies see the point from the traffic ticket. With that said, you will still need to pay the hefty traffic ticket fine and the traffic ticket will remain on your record. So if you get another traffic ticket that could cause the court to suspend your license.
Appear At Court
You have the option of appearing in court on the assigned date on your ticket, or you can contact the court beforehand and ask for the following:
- You can ask for an arraignment so that you can enter your plea. Then you can either plead guilty and discuss how you want to pay the fine, or you can plead ‘not guilty’ and ask to be given a trial date.
Even if you do contest your traffic ticket in court or hire an attorney to represent you, there is no guarantee that the judge will dismiss or lower your traffic ticket. Also if your ticket is not dismissed or fine reduced, you may find yourself paying expensive lawyer fees on top of everything else.
Trial By Written Declaration
The last option and the best option is to fight your ticket in writing instead of going to court. This is called trial by written declaration and it is the best and easiest way to dismiss your ticket. If your ticket is dismissed, there will be no points and your bail amount will be returned.
All you need to do is hire a reliable traffic ticket dismissal service such as TicketBust. TicketBust builds a written defense for you. All you have to do is photograph your license and ticket, tell us about your circumstance, print the documents and send the documents to court.
TicketBust Is Here To Help
Being the leading California traffic ticket dismissal service, TicketBust takes pride in helping tens of thousands of drivers dismiss their traffic tickets through a trial by written declaration. With an experience in contesting traffic tickets for more than 18 years, we boast the most efficient system to solve your traffic ticket queries.
If you recently got a traffic ticket and need our help, TicketBust has got you covered.