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    Speeding Ticket-Trial By Written Declaration-Help?

    Hey guys, I know there are lot of these out there, but I need some help. I live in California and I got a speeding ticket going 48 in a 35. I am going to fight it using Trial by Written Declaration. I am just a little confused on the whole process. I have the form to request a written trial. Do I bring that the day of my trial on my paper and give it to the clerk?
    Should I extend my court date once and then request the written trial?

    I also need a little bit of help on what to write. I'm going to fight that the speed was not unsafe for traffic and weather conditions, because it was sunny outside with very low amounts of traffic. I am going to say that the motorcycle cop did not write the number of his lidar gun on the ticket and he has to prove his was calibrated.
    I also am going to request that a speed survey be provided by the cop to prove that my speed was unsafe.
    Not sure if it matters but I am a full time student and this is my first speeding ticket.
    Is that good?
    please help
    -Craig
    Last edited by craiggroves91; 11-14-2010, 04:56 PM.
    Your signature picture has been removed since it contained the Photobucket "upgrade your account" image.

    1989 BMW 325i SOLD
    1998 BMW Estoril Blue e36 M3/4/5 SOLD
    1987 BMW 325 (The Piece) SOLD
    1991 BMW 318is S52 swap (The Beast) Now Driving Project Thread: http://www.r3vlimited.com/board/showthread.php?t=234207

    #2
    Sounds like you are admitting that you were speeding and got caught. Take responsibility for your actions and stop being a little girl about it.
    -Dan

    Comment


      #3
      A few things:

      1)You shouldn't need to show up at the court house. I have done these by mail in the past.

      2)It sometimes can work in your favor to extend your trial by dec date and keep doing so but sometimes it's a waste of energy(I don't know if you can still file for trial by dec is you extend the court date though)

      3)When you write, you need to fully understand the law that you were cited with, and break it down piece by piece, addressing exactly you are not guilty of each component. I assume the basic speed law, which has more than just traffic conditions and whether. Road width, surface, property/persons, etc etc. Look it up, understand it, and don't omit anything.

      4)Understand the concept of trial de novo.

      5)Understand that law is law and there is very little room for subjectivity. Don't waste your own or a judges time trying to appeal to emotion. They don't care if you were a nice guy, if the cop was a dick, etc. Just give them objective, indisputable fact, and prove as possible with pictures or any other evidence that gives credibility to your assertions.

      6)Understand that in our flawed justice system, the burden of proof lies upon you and not the officer, as in this case it is your word against the officer's and the decision will inevitably not go your way unless you do something to make it so. Officers lie in court, whether they are assholes or just "percieve things differently." Was it sunny out? Submit a weather report. No property in danger of being hit and a wide road? Prove it with a picture. You get the idea.
      Last edited by shiftbmw; 11-15-2010, 12:49 AM.
      sigpic
      "The best argument against democracy is a five-minute conversation with the average voter." - Winston Churchill

      Comment


        #4
        ticketassassin.com

        Comment


          #5
          Originally posted by bejbis View Post
          Sounds like you are admitting that you were speeding and got caught. Take responsibility for your actions and stop being a little girl about it.
          Sounds like you're the little girl. Cops are just puppets of the government to collect money for them.

          Know the law before you post stupid comments. For all we know the speed survey for the road I was speeding on could indicate the limit should be 45.

          You wouldn't know anything about that anyway.
          Your signature picture has been removed since it contained the Photobucket "upgrade your account" image.

          1989 BMW 325i SOLD
          1998 BMW Estoril Blue e36 M3/4/5 SOLD
          1987 BMW 325 (The Piece) SOLD
          1991 BMW 318is S52 swap (The Beast) Now Driving Project Thread: http://www.r3vlimited.com/board/showthread.php?t=234207

          Comment


            #6
            Originally posted by grantlacey11 View Post
            ticketassassin.com
            That site is bomb. I'm finding good stuff on here too

            Trial By Declaration (How To) - NASIOC
            Your signature picture has been removed since it contained the Photobucket "upgrade your account" image.

            1989 BMW 325i SOLD
            1998 BMW Estoril Blue e36 M3/4/5 SOLD
            1987 BMW 325 (The Piece) SOLD
            1991 BMW 318is S52 swap (The Beast) Now Driving Project Thread: http://www.r3vlimited.com/board/showthread.php?t=234207

            Comment


              #7
              Originally posted by cjdontthink View Post
              Sounds like you're the little girl. Cops are just puppets of the government to collect money for them.

              Know the law before you post stupid comments. For all we know the speed survey for the road I was speeding on could indicate the limit should be 45.

              You wouldn't know anything about that anyway.

              What? Stating that a grown man should take responsibility for his actions is the attitude of a child? And what if anything does that have to do with the law? You said in your post that you were exceeding the posted speed limit, and you got caught. Trying to evade punishment for your actions is why children blame the dog for something they did instead of manning up and taking what they have coming to them.

              On another note, saying that the 'cops are puppets to collect extra revenue' truly shows your immaturity. These 'puppets' as you call them are the same reason idiots like you are likely still alive. These 'Puppets' deserve your respect and while a few do get out of line, they do a insanely difficult job that I and many others would never do.

              As far as saying 'the road I was speeding on could indicate the limit should be 45'. Well, guess what, its not, it was a 35 and im sure you knew that full and well before you a ticket for 48 on it. The officer who gave you a ticket knew that, and he was doing his job.

              Good luck fighting your ticket, it sounds like your too scared to face the officer who gave you the ticket in the first place or a judge. I hope you pay out the ass for wasting their time.
              -Dan

              Comment


                #8
                Originally posted by bejbis View Post
                What? Stating that a grown man should take responsibility for his actions is the attitude of a child? And what if anything does that have to do with the law? You said in your post that you were exceeding the posted speed limit, and you got caught. Trying to evade punishment for your actions is why children blame the dog for something they did instead of manning up and taking what they have coming to them.

                On another note, saying that the 'cops are puppets to collect extra revenue' truly shows your immaturity. These 'puppets' as you call them are the same reason idiots like you are likely still alive. These 'Puppets' deserve your respect and while a few do get out of line, they do a insanely difficult job that I and many others would never do.

                As far as saying 'the road I was speeding on could indicate the limit should be 45'. Well, guess what, its not, it was a 35 and im sure you knew that full and well before you a ticket for 48 on it. The officer who gave you a ticket knew that, and he was doing his job.

                Good luck fighting your ticket, it sounds like your too scared to face the officer who gave you the ticket in the first place or a judge. I hope you pay out the ass for wasting their time.
                Why did you have to reply in the first place?
                Does 48 in a 35 on a sunny day, with no traffic or schools or anything of that matter sound unsafe to you?

                Yes police do protect as well as collect money for the city.
                You're such a big man arguing with a 19 year old, full time college student trying to save some money.
                Your signature picture has been removed since it contained the Photobucket "upgrade your account" image.

                1989 BMW 325i SOLD
                1998 BMW Estoril Blue e36 M3/4/5 SOLD
                1987 BMW 325 (The Piece) SOLD
                1991 BMW 318is S52 swap (The Beast) Now Driving Project Thread: http://www.r3vlimited.com/board/showthread.php?t=234207

                Comment


                  #9
                  Originally posted by bejbis View Post
                  What? Stating that a grown man should take responsibility for his actions is the attitude of a child? And what if anything does that have to do with the law? You said in your post that you were exceeding the posted speed limit, and you got caught. Trying to evade punishment for your actions is why children blame the dog for something they did instead of manning up and taking what they have coming to them.

                  On another note, saying that the 'cops are puppets to collect extra revenue' truly shows your immaturity. These 'puppets' as you call them are the same reason idiots like you are likely still alive. These 'Puppets' deserve your respect and while a few do get out of line, they do a insanely difficult job that I and many others would never do.

                  As far as saying 'the road I was speeding on could indicate the limit should be 45'. Well, guess what, its not, it was a 35 and im sure you knew that full and well before you a ticket for 48 on it. The officer who gave you a ticket knew that, and he was doing his job.

                  Good luck fighting your ticket, it sounds like your too scared to face the officer who gave you the ticket in the first place or a judge. I hope you pay out the ass for wasting their time.






                  In this country we have the right to fight a measly ticket if we want.

                  Comment


                    #10
                    There are a plethora of sickening videos like that. It hurts to watch.

                    Yes police can do good, that is a given. They also get way to cocky and empowered when they put their uniforms on.
                    Your signature picture has been removed since it contained the Photobucket "upgrade your account" image.

                    1989 BMW 325i SOLD
                    1998 BMW Estoril Blue e36 M3/4/5 SOLD
                    1987 BMW 325 (The Piece) SOLD
                    1991 BMW 318is S52 swap (The Beast) Now Driving Project Thread: http://www.r3vlimited.com/board/showthread.php?t=234207

                    Comment


                      #11
                      Really? Am I going to have to move this to Politics and Religion? Keep it civil guys. And CJ, ticketassassin.com is going to be your best bet.

                      Comment


                        #12
                        Originally posted by Danny View Post
                        Really? Am I going to have to move this to Politics and Religion? Keep it civil guys. And CJ, ticketassassin.com is going to be your best bet.
                        Yeah man I just wanted good solid advice and help.

                        Thanks. That site owns
                        Your signature picture has been removed since it contained the Photobucket "upgrade your account" image.

                        1989 BMW 325i SOLD
                        1998 BMW Estoril Blue e36 M3/4/5 SOLD
                        1987 BMW 325 (The Piece) SOLD
                        1991 BMW 318is S52 swap (The Beast) Now Driving Project Thread: http://www.r3vlimited.com/board/showthread.php?t=234207

                        Comment


                          #13
                          Originally posted by bejbis View Post
                          What? Stating that a grown man should take responsibility for his actions is the attitude of a child? And what if anything does that have to do with the law? You said in your post that you were exceeding the posted speed limit, and you got caught. Trying to evade punishment for your actions is why children blame the dog for something they did instead of manning up and taking what they have coming to them.

                          On another note, saying that the 'cops are puppets to collect extra revenue' truly shows your immaturity. These 'puppets' as you call them are the same reason idiots like you are likely still alive. These 'Puppets' deserve your respect and while a few do get out of line, they do a insanely difficult job that I and many others would never do.

                          As far as saying 'the road I was speeding on could indicate the limit should be 45'. Well, guess what, its not, it was a 35 and im sure you knew that full and well before you a ticket for 48 on it. The officer who gave you a ticket knew that, and he was doing his job.

                          Good luck fighting your ticket, it sounds like your too scared to face the officer who gave you the ticket in the first place or a judge. I hope you pay out the ass for wasting their time.
                          Originally posted by bejbis View Post
                          Sounds like you are admitting that you were speeding and got caught. Take responsibility for your actions and stop being a little girl about it.
                          GREAT NEWS I WON!
                          Thats a big :finger: to this guy and every other fucktard who said i should man up and take responsibility.
                          Your signature picture has been removed since it contained the Photobucket "upgrade your account" image.

                          1989 BMW 325i SOLD
                          1998 BMW Estoril Blue e36 M3/4/5 SOLD
                          1987 BMW 325 (The Piece) SOLD
                          1991 BMW 318is S52 swap (The Beast) Now Driving Project Thread: http://www.r3vlimited.com/board/showthread.php?t=234207

                          Comment


                            #14
                            good for you for not having to pay, but if the speed limit is 35, it doesn't mean that 48 is ok just because it is sunny and dry. if that were the case, everyone would be doing 100 on the interstate when it was sunny and dry.

                            in general, if you are a college student trying to save money by avoiding tickets, the first step is to stop speeding. this is coming from a recent college grad who was pulled over several times while he was in college, sometimes for pretty stupid things. it just isn't worth it.
                            http://instagram.com/dslovn.drives

                            Comment


                              #15
                              Originally posted by daniel View Post
                              good for you for not having to pay, but if the speed limit is 35, it doesn't mean that 48 is ok just because it is sunny and dry. if that were the case, everyone would be doing 100 on the interstate when it was sunny and dry.

                              in general, if you are a college student trying to save money by avoiding tickets, the first step is to stop speeding. this is coming from a recent college grad who was pulled over several times while he was in college, sometimes for pretty stupid things. it just isn't worth it.
                              Yeah I know man I've been better.
                              I keep it around 38-40 sometimes less.
                              That guy just got me when i wanted to go quick. Its a little stretch to where I turn onto my street and usually there is no cops. first time in over 4 years or so ive seen one doing radar on that stretch havent seen one since
                              Your signature picture has been removed since it contained the Photobucket "upgrade your account" image.

                              1989 BMW 325i SOLD
                              1998 BMW Estoril Blue e36 M3/4/5 SOLD
                              1987 BMW 325 (The Piece) SOLD
                              1991 BMW 318is S52 swap (The Beast) Now Driving Project Thread: http://www.r3vlimited.com/board/showthread.php?t=234207

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