Contest Your Ticket with Trial by Written Declaration - Save Time and Money!
Table of Contents
- Introduction
- What is Trial by Written Declaration?
- How to Request Trial by Written Declaration?
- Paying Your Bail Amount
- Advantages of Trial by Written Declaration
- Disadvantages of Trial by Written Declaration
- How to Fill Out the Declaration Form
- What Happens After Submitting the Declaration Form?
- Possible Outcomes of Trial by Written Declaration
- When to Request a New Trial
- Conclusion
Article
Introduction
📜 Beating a speeding ticket may seem like a daunting task, but it is possible with the right approach. In this article, we will discuss a method called Trial by Written Declaration that can help you contest a traffic citation without the need to make a personal appearance in court. This procedure provides a convenient alternative to the traditional court process and allows you to present your case in writing. Let's delve into the details of how Trial by Written Declaration works and how you can use it to possibly avoid a speeding ticket.
What is Trial by Written Declaration?
📜 Trial by Written Declaration is a legal procedure available for cases involving infractions or violations of the vehicle code or a local ordinance. It allows defendants to contest a citation by submitting a written declaration rather than appearing in court. By utilizing this method, you can save yourself from the hassle and stress of attending a court hearing and waiting for your turn to present your case.
How to Request Trial by Written Declaration?
📜 To request Trial by Written Declaration, you first need to pay the bail amount associated with your citation. This amount serves as a guarantee that you will follow through with the proceedings. Once you have paid the bail, you can proceed to request a trial by declaration. Keep in mind that while this method offers a chance to contest your ticket without going to court, it does involve paying the bail amount upfront.
Paying Your Bail Amount
📜 If you are guilty of the offense and were speeding, paying the bail amount is inevitable, regardless of your chosen course of action. However, requesting Trial by Written Declaration gives you a 50/50 chance of avoiding penalties if the issuing officer fails to show up in court. This alternative removes the need for you to physically attend court proceedings, mitigating the stress and inconvenience associated with such appearances.
Advantages of Trial by Written Declaration
📜 Trial by Written Declaration offers several advantages for individuals looking to contest a speeding ticket. Firstly, it saves you the time and effort required to appear in court. Instead, you can present your defense through a written declaration, sparing yourself from the need to allocate a specific day for the hearing. Additionally, if the officer does not respond to your declaration, you have a high chance of being found not guilty, resulting in the refund of your bail amount.
- Pros:
- No need to appear in court
- Potential refund of bail amount
- Saves time and effort
Disadvantages of Trial by Written Declaration
📜 While Trial by Written Declaration provides an alternative option, it does come with certain disadvantages. Firstly, there is no guarantee that the officer will not respond to your declaration and present his arguments in court. If the officer does show up, your chances of being found not guilty decrease significantly. Additionally, if the court denies your declaration or finds you guilty, you may need to request a new trial within 20 days to have another opportunity to contest the ticket.
- Cons:
- No guarantee the officer won't respond
- Decreased chances of success if officer appears in court
- Need to request a new trial if the declaration is denied
How to Fill Out the Declaration Form
📜 Once you have paid the bail amount, you need to fill out the declaration form provided by the court. In the form, you should provide a detailed account of what happened and why you believe you did not break the law or exceed the speed limit. Explain your perspective clearly, emphasizing any circumstances that may support your innocence. It is essential to be thorough and precise while filling out the form to give yourself the best chance of contesting the ticket successfully.
What Happens After Submitting the Declaration Form?
📜 After submitting the declaration form, you will have to wait for the court's decision. Typically, this process takes around 20 days, but it may vary depending on the court's workload. If the court decides in your favor and finds you not guilty, it will refund your bail amount. On the other hand, if the court finds you guilty, you will be required to pay the fine indicated on the citation.
Possible Outcomes of Trial by Written Declaration
📜 There are two possible outcomes of Trial by Written Declaration. The first outcome is that the court finds you not guilty, resulting in the refund of your bail amount. This outcome indicates that your written defense was compelling enough to convince the court of your innocence. The second outcome is that the court finds you guilty, in which case you will be required to pay the fine specified on the citation. It is important to remember that the success of Trial by Written Declaration largely depends on the strength of your defense and the officer's response.
When to Request a New Trial
📜 If you are dissatisfied with the court's decision or believe that you have new evidence to present, you have the option to request a new trial. This process, known as Trial de Novo, allows you to obtain another opportunity to contest the ticket. To request a new trial, you must file a request within 20 days of the court's decision. This provides an additional chance to potentially get off the ticket, especially if the officer fails to appear in court again.
Conclusion
📜 In conclusion, Trial by Written Declaration is an effective method to contest a speeding ticket without the need to appear in court. By paying the bail amount upfront and filling out the declaration form accurately, you increase your chances of being found not guilty. While the procedure has its advantages and disadvantages, it offers a convenient alternative for those looking to avoid the stress and inconvenience of court hearings. If you decide to utilize Trial by Written Declaration, remember to be thorough in presenting your case and consider requesting a new trial if necessary.
Highlights:
- Trial by Written Declaration offers a convenient alternative to appearing in court for a speeding ticket.
- Paying the bail amount upfront is necessary to request Trial by Written Declaration.
- By submitting a written declaration, you have a chance of being found not guilty if the officer does not respond.
- If the court denies your declaration, you can request a new trial within 20 days.
- The success of Trial by Written Declaration depends on the strength of your defense and the officer's response.
FAQ
Q: Is Trial by Written Declaration a guaranteed way to beat a speeding ticket?
A: Trial by Written Declaration is not a guaranteed method, but it offers a chance to contest the ticket without appearing in court and can lead to a successful outcome if the officer does not respond.
Q: What happens if the officer responds to my declaration?
A: If the officer responds and presents his arguments in court, your chances of being found not guilty decrease significantly. It is important to consider this possibility before deciding to proceed with Trial by Written Declaration.
Q: Can I request a new trial if I am not satisfied with the court's decision?
A: Yes, you can request a new trial within 20 days of the court's decision. This provides another opportunity to contest the ticket and potentially obtain a favorable outcome.
Q: Do I need to pay the fine if the court finds me guilty?
A: Yes, if the court finds you guilty, you will be required to pay the fine specified on the citation. The bail amount you paid initially serves as a guarantee of your intention to follow through with the proceedings.
