Trial by Written Declaration

[loadmaster]

What is the name of your state (only U.S. law)? CA


Hello All,

I a writing out my Trial by Written Declaration, other than having a he said/she said response what is the best way to come across. I was ticketed for 65 in a 55. When the officer hit us with radar a car was passing me and I looked down at me speedometer, which was showing 60mph. I was sure the other car was getting pulled over,I was suprised to see I was the one. Any help or advice would be greatly appreciated. Thank you.

 

[Antigone*]

Edit: I just realized you were told to repost your question.

Sorry about that.

 

[loadmaster]

ok I just want to abide by the rules. Thank you.

 

[HighwayMan]

The radar may or may not be relevant. You'd have to find out what the officer says about how he actually measured your speed and the details of his actions.

 

[ecmst12]

You can go and delete your first post.

When you go to trial, at least if you go in person, they might offer you a deal to reduce the charge. I don't really know about this written declaration thing though.

 

[Zigner]

You can go and delete your first post.

When you go to trial, at least if you go in person, they might offer you a deal to reduce the charge. I don't really know about this written declaration thing though.

There's really no harm in doing the trial by written declaration. If the OP loses, he can simply request a trial de novo which is a totally new trial.

 

[demurringdude]

When you go to trial, at least if you go in person, they might offer you a deal to reduce the charge. I don't really know about this written declaration thing though.

If you don't know, why do you feel the need to to give advice?
To get a charge "reduced" there would have to be a DA in court. There almost never is in CA, especially for minor speeding tickets.

 

[loadmaster]

The radar may or may not be relevant. You'd have to find out what the officer says about how he actually measured your speed and the details of his actions.

Thanks for your response. At the time I received the ticket the officer said he picked me up on radar. Thats why Im figuring its a he said/she said kind of thing.

 

[loadmaster]

There's really no harm in doing the trial by written declaration. If the OP loses, he can simply request a trial de novo which is a totally new trial.

Thats why I am going this way, If I dont like the outcome I have 20 days to request a new trial. I was just looking to see if anyone had any experience writing one of these out that could give me advice. Thank you for your response it reiterates that this was not a bad idea.

 

[loadmaster]

You can go and delete your first post.

When you go to trial, at least if you go in person, they might offer you a deal to reduce the charge. I don't really know about this written declaration thing though.

Im trying to avoid going to any kind of trial by doing the trial by written declaration. All it is, is a statement I make in writing along with any evidence I might have is sent to a commissioner not a judge. The officer does the same. After reading both statements the commisioner makes his decision. If I dont agree with it I have 20 days to request a new trial. And in the outside chance the officer doesnt respond then I am given a not guilty verdict.