TRIAL BY DECLARATION

Traffic Attorney explains why you should always do a trial by declaration.

Category:

Education

Tags:

• Traffic ticket
• Trial by declaration
• traffic case
• traffic court

[lwyer1]

Yes, you have to post bail if you want to take advantage of this procedure.....

[littlebyrds]

Do you have to pay bail first before filing for a trail by declaration?

[trixiiz]

Don't mean to leave a negative comment. However, Soon as you sign into court you are guilty by a military tribunal style court. The de facto courts. The constitution doesn't even apply to these courts. I can post audio recordings of live de facto proceedings where the Judges admit this. Why go into a court where your rights aren't protected anymore? My advise, stay out of court. Refuse for cause, or deal with it administratively. Giving even a non guilty verdict gives them jurisdiction!

[jonprall]

@lwyer1 What do you recommend writing on the TbWD? Would you recommend simply stating "Not Guilty" or more of a writeup?

[jonprall]

@boamuro The verdict was guilty from a ticket in Santa Cruz and I did not fight it. The verdict came back not guilty from a ticket on 280 near Woodside. I filed TbWD for both. The Santa Cruz ticket I wrote "Not Guilty" and the 280 ticket I wrote down what the circumstances were and why I was not guilty. Maybe the report worked. I do not know. I would like to know if you could get a copy of the officer’s report or lack thereof in response to the filed TbWD.

[boamuro]

@jonprall Huh? I'm confused. I thought you said you were found guilty, but now you're saying you got a not guilty letter? (I take it you're trying to say you've lost and also won by TBWD) 280? Yes, it's a good chance the cop is too lazy to write a response to it; the cop that pulled me over was a campus police, so that seems like I would have a greater chance...

[jonprall]

@boamuro I have a commercial driver’s license which allows me one additional point before my license would be suspended but at the expense of never being able to go to traffic school. Without school being an option, it means I do a TbWD every time no matter what and then I pick which ones I want to fight further. I am not a lawyer, lawyers cost money, so you have to pick your battles and decide when you are going to court, and I would not do it without a lawyer

[jonprall]

@boamuro because going to trial is not fun. I lost a TbWD from Santa Cruz and just took the point. I got a ticket on 280 and I filed a TbWD. I wrote a story (which I will keep the details confidential), and a very long time later I got the ‘not guilty’ letter. I am guessing that they write so many tickets on 280 that they cannot be bothered with writing a written report in rebuttal of someone’s TbWD. I could be wrong.

[boamuro]

@jonprall If you lost, why didn't you do a trial de nevo and face the Judge to ask for traffic school? What were you guilty for? State? Did you just write the generic "I am not guilty" on the declaration of facts? PM me if you want.

[jonprall]

@boamuro never went to court. 50/50 success ratio with TbWD. I'll take it.