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.
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!