If anyone would like for me to fight their California traffic ticket, I am providing this service. (Please read fully and educate yourselves).
I have been doing this for myself, friends, and family off and on for about 12 years and have in my estimation at least a 60% success rate. That’s right, a total dismissal of the charges and a full refund of the fine/bail amount, along with avoiding the extra point (or two, in some cases) on your record, thereby avoiding the increase in insurance premiums. Below is the process and description of the advantages of contesting your ticket through the mail. And if you are found “guilty”, what do you have to lose?
The "courtesy notice" the court sends you after you are cited seems to suggest that you must appear in person twice for a single chance of winning at trial: the first time to plead not guilty, the second to stand trial. This is simply not true. The law allows you to contest your traffic infraction entirely by mail.
You can appear via mail through a Written Not Guilty Plea (pursuant to CVC 40519(b)). In your plea you can request a Trial by Written Declaration (pursuant to CVC 40902). In this way you can contest your citation without appearing at all and will have a better chance of winning than at trial. Further, if you lose your trial by declaration, you have 20 days to request a new trial! (a "Trial de Novo" pursuant to CVC 40902-d). You then can appear in court for the first time for your second chance of winning.
This service is available for a small fee (small when compared to the cost of your ticket plus the increase in your insurance bill).
Unlike your confusing "courtesy notice," this page explains all of your available options when you receive a traffic citation. Since your "courtesy notice" does such a fine job of exploring the "give up and pay" options, I choose to stress your "fight back and win" options.
Once you've received a citation, you have two options:
1. Plead Guilty (the worst option)
If you plead guilty, the court will typically require you to pay the maximum fine allowed by law and will record a conviction on your public DMV record for five years. A conviction on your record will increase your insurance by an average of $250 per year for three to five years. Clearly, this is the worst possible option to choose.
Sadly, most ticketed motorists grimace, grab their ankles, and pay up. This is why traffic fines have become a gold mine for state, county and local governments, netting over a billion dollars a year in revenue. If you choose to plead guilty, read no further.
2. Plead Not Guilty and contest--the best option
CONTESTING A CITATION
This is your only chance for total victory: if you win, you pay no fine and have no conviction recorded on your DMV record.
Only fighting a citation can provide total vindication for an unfairly cited citizen. Amazingly, less than one percent of defendants ever contest their citations. Why? Our traffic courts make contesting your ticket seem too inconvenient and intimidating for most busy Californians.
"Arrest warrant", "license suspension", $250 civil assessment": these are the threats made in your so-called "courtesy notice." The court makes contesting seem difficult and inconvenient and bullies defendants into pleading guilty. The only simple part of this state-sponsored extortion is paying the fine. Most courts now allow you to pay your exorbitant fine with a credit card and have conveniently located ATM machines in the court house.
STEPS TO CONTESTING
First step to contesting: Plead Not Guilty
You can plead not guilty in person or by mail. Here are your choices, explained:
Plead Not Guilty In Person: Four Hours of Your Life You'll Never Get Back
Your appearance date is noted at the bottom of your citation. This is the date by which you have promised to appear in court and enter a plea. Most defendants cannot spare the time from their busy lives to wait around in court for three to five hours to enter a "not guilty" plea and set a trial date.
To compound this inconvenience, if you plead "not guilty" the court makes you wait until everyone else in the court pleading guilty is heard. By pleading "not guilty" you get to plead last. People who want to plead "not guilty" often give up under these circumstances and plead "guilty" or request traffic school just to flee the boring hell of traffic court. Going to court is a demoralizing pain in the ass and should be avoided.
Plead Not Guilty By Mail: This is Your Best Option
A written not guilty plea will save you the time and stress of a court appearance, with the added bonus of possibly avoiding costly increases in insurance, time wasted, traffic school, and an unfavorable DMV effect such as license suspension.
Here's how it works: Under section 40519(b) of the Vehicle Code, a defendant is entitled to enter a not guilty plea in writing in lieu of appearing in person in front of a judge. This option allows you to mail a letter to the court pleading not guilty to the charge against you. In this letter, you can request a Trial by Written Declaration, allowing you to contest your citation entirely by mail.
Submitting a Written Not Guilty plea is your legal right (under 40519b), but there is no state approved form for this plea. It seems suspicious that the best and easiest way to contest a traffic ticket is not supported by a state approved pleading form.
Second step to contesting: Choose Your Trial Option (in-person or by mail)
You can have your trial in court in person or by mail. Here are your choices explained:
Court Trial (PLEASE READ): Smug Cops, Gawking “neér do wells” and 720 donuts.
There are many disadvantages to an in-person trial. Most people are too nervous to represent themselves well in court. Also, since most defendants are inexperienced with the law, they tend to lose their cases. This steady stream of "guilty" verdicts may predispose the judge to find you guilty as well, even if your case is well argued.
Another disadvantage to an in-person court trial, is that you are not entitled to a jury. Since 1968, traffic infraction defendants are entitled to a trial decided by a judge alone.
A court trial is a one-shot deal. If you're found guilty, you have no right to a new trial. The citing officer testifies against you and also serves as prosecutor.
Officers usually are called to trial on their days off and receive $200-300 in overtime pay for their brief appearance, enough money to buy him 720 regular donuts or 579 fancy donuts (bear claws, apple fritters, eclairs, etc.). As a result, cops usually make it to court.
Traffic court judges tend to be consistent, if not fair. You may be found guilty with the other defendants, even though you have a solid case for dismissal. Many judges choose to favor the officer in open court, to avoid embarrassing him before a crowd of gawking spectators.
Trial by mail with a written declaration: The Best Option
Requesting a Trial by Written Declaration (CVC 40902) gives you the best chance to win your case. Most people (99% of defendants) never contest their alleged violations due to the inconvenience of making two separate court appearances: the first to plead not guilty (appearance date) and the second to stand trial. In reality, the law permits you to contest an unfair citation with zero court appearances.
You can plead not guilty with a Written Not Guilty Plea (CVC 40519(b)). In this plea you can request a Trial by Written Declaration, a legal right in all traffic infraction cases under CVC 40902. The court will mail the Judicial Council approved Trial by Written Declaration (TR-205) form to you. Examples of completed written declarations for various offences will be provided to you should you choose to use this service.
You'll be given three to four weeks to turn in your written declaration. In the written declaration, you can give testimony and present evidence (pictures, diagrams, etc.) to support your case. The officer who cited you will also have the same deadline by which to complete a written declaration describing his justification for citing you.
There are many advantages to contesting by written declaration. The most obvious advantage: the officer gets paid $200-300 to show up in person at a court trial but gets paid NOTHING to complete this declaration paperwork. In my experience, about 30% of police officers fail to submit a response to the court by the deadline. If the officer does not turn in his declaration on time, your case is DISMISSED and your bail is returned. By simply contesting by written declaration, you stand a decent chance of dismissal regardless of your argument.
There are many other advantages to contesting your ticket via Trial by Written Declaration.
There are other advantages to a Trial by Written Declaration. Even if the officer does respond, you have a much better chance of a favorable judgment. The officer will not be able to refresh his memory of your case without seeing your face again in court. After writing 200-300 citations per month, it's difficult for any officer to remember the specific details of your particular stop. Since you will remember the details of the stop much clearer than the officer, you can usually write a much better declaration. Also, the intimidation that many defendants feel in meeting the officer in the formal setting of a court trial is eliminated by drafting a written declaration in the privacy and security of their homes. The result: most defendants are able to present a stronger case in writing than in person.
If the officer does not respond, your case is dismissed and all your bail is returned, regardless of the merits of your argument.
In a Trial by Written Declaration, the judge is able to assess the case fairly and separately in his chambers. His decision can be based on the merits of the case alone, unbiased by the social circus that is the California traffic court. Even if the judge finds you guilty, he may suspend or reduce your fine and assign you to attend traffic violator school.
In a court trial, fine suspensions are rare and fine reductions are smaller. Judges find it difficult to reduce fines drastically in a court crowded with defendants all expecting the same good deal.
Trial by Written Declaration: Judgment
If the citing officer fails to respond by the due date in writing, your case will be dismissed and your bail will be refunded. The Clerk of the Court will inform you of this dismissal in writing.
If the officer returns his declaration by the due date, the judge or commissioner will rule on the case. You will be informed by mail of the verdict via a Trial by Declaration judgment. If you are found not guilty, the charge is dismissed and your bail is refunded.
If you are found guilty, a fine (taken from the bail you sent in with your written declaration) may be imposed. Your bail is usually equivalent to the maximum legal fine for the charge. This fine may be reduced or suspended at the court's discretion. The judge may also assign you to complete a DMV approved Traffic Violator School. When you provide proof of completing traffic school, the court will set aside your conviction and no violation point will be reported to the DMV.
Trial de Novo: A New Trial and Second Chance of Winning Your Case
Section 40902(d) of the Vehicle Code states: If a defendant is dissatisfied with a decision of the court in a proceeding pursuant to this section, the defendant shall be granted a trial de novo."
If the judge finds you guilty after reading your declaration, you are automatically entitled to a new trial. Nowhere else in criminal law are you entitled to a new trial simply because you are unhappy with the outcome of the first trial. This is only a legal right in traffic infraction cases that begin as a Trial by Written Declaration. This "Trial de Novo" will be an in-person trial in which the judge hears evidence and testimony from yourself and the citing officer.
The legal right to a new trial has a host of advantages. If the officer does not show up at the new trial, your case is dismissed. By the time you get to a trial de novo, three to six months after you were cited, the officer may no longer remember significant facts of your case, leading to a dismissal. If the new judge at your second trial is fairer than the first judge and accepts your argument, he can dismiss the case or find you not guilty. Even if you are found guilty at your second trial, the judge can still reduce your bail and assign you to traffic school.
To request a Trial de Novo, you must submit a form TR-220 (Request for Trial de Novo) to the court postmarked within 20 days of the mailing date of your guilty verdict.
Trial by Written Declaration: Other Advantages
There are other advantages to a Trial by Written Declaration. Even if the officer does respond, you have a much better chance of a favorable judgment. The officer will not be able to refresh his memory of your case without seeing your face again in court. After writing 200-300 citations per month, it's difficult for any officer to remember the specific details of your particular stop. Since you will remember the details of the stop much clearer than the officer, you can usually write a much better declaration. Also, the intimidation that many defendants feel in meeting the officer in the formal setting of a court trial is eliminated by drafting a written declaration in the privacy and security of their homes. The result: most defendants are able to present a stronger case in writing than in person.
A friend of mine submitted a written declaration for speeding on the freeway; he was driving 93 in a 65, clearly in violation of the law. On his written declaration he wrote,"I'm not Guilty" with an orange crayon, misspelling "guilty". The officer who cited him did not respond; my friend received a dismissal notice and his $270 in bail back in the mail. If the officer does not respond, your case is dismissed and all your bail is returned, regardless of the merits of your argument.
In a Trial by Written Declaration, the judge is able to assess the case fairly and separately in his chambers. His decision can be based on the merits of the case alone, unbiased by the social circus that is the California traffic court. Even if the judge finds you guilty, he may suspend or reduce your fine and assign you to attend traffic violator school.
In a court trial, fine suspensions are rare and fine reductions are smaller. Judges find it difficult to reduce fines drastically in a court crowded with defendants all expecting the same good deal.
Summary
Why doesn't the court clearly inform us that we can appear just once in court for two chances of contesting our traffic infractions? Money. Last year the traffic courts in California collected approximately one billion dollars in fines and forfeitures on uncontested traffic tickets. Ignorant of their legal rights, confused and intimidated by the courts and police, 99% of Californians ticketed simply pay up.
All too often, Californians pay their citation without a fight, accepting a conviction on their DMV record. Imagine if only one in four of them exercised their legal right to complete a Trial by Written Declaration. Imagine over one million written statements flooding into California traffic courts every year. Imagine the expressions on the judges faces as bag after bag of mail is unceremoniously dumped on their desks. Let the avalanche begin.
my email is nano13ga@aol.com
I have been doing this for myself, friends, and family off and on for about 12 years and have in my estimation at least a 60% success rate. That’s right, a total dismissal of the charges and a full refund of the fine/bail amount, along with avoiding the extra point (or two, in some cases) on your record, thereby avoiding the increase in insurance premiums. Below is the process and description of the advantages of contesting your ticket through the mail. And if you are found “guilty”, what do you have to lose?
The "courtesy notice" the court sends you after you are cited seems to suggest that you must appear in person twice for a single chance of winning at trial: the first time to plead not guilty, the second to stand trial. This is simply not true. The law allows you to contest your traffic infraction entirely by mail.
You can appear via mail through a Written Not Guilty Plea (pursuant to CVC 40519(b)). In your plea you can request a Trial by Written Declaration (pursuant to CVC 40902). In this way you can contest your citation without appearing at all and will have a better chance of winning than at trial. Further, if you lose your trial by declaration, you have 20 days to request a new trial! (a "Trial de Novo" pursuant to CVC 40902-d). You then can appear in court for the first time for your second chance of winning.
This service is available for a small fee (small when compared to the cost of your ticket plus the increase in your insurance bill).
Unlike your confusing "courtesy notice," this page explains all of your available options when you receive a traffic citation. Since your "courtesy notice" does such a fine job of exploring the "give up and pay" options, I choose to stress your "fight back and win" options.
Once you've received a citation, you have two options:
1. Plead Guilty (the worst option)
If you plead guilty, the court will typically require you to pay the maximum fine allowed by law and will record a conviction on your public DMV record for five years. A conviction on your record will increase your insurance by an average of $250 per year for three to five years. Clearly, this is the worst possible option to choose.
Sadly, most ticketed motorists grimace, grab their ankles, and pay up. This is why traffic fines have become a gold mine for state, county and local governments, netting over a billion dollars a year in revenue. If you choose to plead guilty, read no further.
2. Plead Not Guilty and contest--the best option
CONTESTING A CITATION
This is your only chance for total victory: if you win, you pay no fine and have no conviction recorded on your DMV record.
Only fighting a citation can provide total vindication for an unfairly cited citizen. Amazingly, less than one percent of defendants ever contest their citations. Why? Our traffic courts make contesting your ticket seem too inconvenient and intimidating for most busy Californians.
"Arrest warrant", "license suspension", $250 civil assessment": these are the threats made in your so-called "courtesy notice." The court makes contesting seem difficult and inconvenient and bullies defendants into pleading guilty. The only simple part of this state-sponsored extortion is paying the fine. Most courts now allow you to pay your exorbitant fine with a credit card and have conveniently located ATM machines in the court house.
STEPS TO CONTESTING
First step to contesting: Plead Not Guilty
You can plead not guilty in person or by mail. Here are your choices, explained:
Plead Not Guilty In Person: Four Hours of Your Life You'll Never Get Back
Your appearance date is noted at the bottom of your citation. This is the date by which you have promised to appear in court and enter a plea. Most defendants cannot spare the time from their busy lives to wait around in court for three to five hours to enter a "not guilty" plea and set a trial date.
To compound this inconvenience, if you plead "not guilty" the court makes you wait until everyone else in the court pleading guilty is heard. By pleading "not guilty" you get to plead last. People who want to plead "not guilty" often give up under these circumstances and plead "guilty" or request traffic school just to flee the boring hell of traffic court. Going to court is a demoralizing pain in the ass and should be avoided.
Plead Not Guilty By Mail: This is Your Best Option
A written not guilty plea will save you the time and stress of a court appearance, with the added bonus of possibly avoiding costly increases in insurance, time wasted, traffic school, and an unfavorable DMV effect such as license suspension.
Here's how it works: Under section 40519(b) of the Vehicle Code, a defendant is entitled to enter a not guilty plea in writing in lieu of appearing in person in front of a judge. This option allows you to mail a letter to the court pleading not guilty to the charge against you. In this letter, you can request a Trial by Written Declaration, allowing you to contest your citation entirely by mail.
Submitting a Written Not Guilty plea is your legal right (under 40519b), but there is no state approved form for this plea. It seems suspicious that the best and easiest way to contest a traffic ticket is not supported by a state approved pleading form.
Second step to contesting: Choose Your Trial Option (in-person or by mail)
You can have your trial in court in person or by mail. Here are your choices explained:
Court Trial (PLEASE READ): Smug Cops, Gawking “neér do wells” and 720 donuts.
There are many disadvantages to an in-person trial. Most people are too nervous to represent themselves well in court. Also, since most defendants are inexperienced with the law, they tend to lose their cases. This steady stream of "guilty" verdicts may predispose the judge to find you guilty as well, even if your case is well argued.
Another disadvantage to an in-person court trial, is that you are not entitled to a jury. Since 1968, traffic infraction defendants are entitled to a trial decided by a judge alone.
A court trial is a one-shot deal. If you're found guilty, you have no right to a new trial. The citing officer testifies against you and also serves as prosecutor.
Officers usually are called to trial on their days off and receive $200-300 in overtime pay for their brief appearance, enough money to buy him 720 regular donuts or 579 fancy donuts (bear claws, apple fritters, eclairs, etc.). As a result, cops usually make it to court.
Traffic court judges tend to be consistent, if not fair. You may be found guilty with the other defendants, even though you have a solid case for dismissal. Many judges choose to favor the officer in open court, to avoid embarrassing him before a crowd of gawking spectators.
Trial by mail with a written declaration: The Best Option
Requesting a Trial by Written Declaration (CVC 40902) gives you the best chance to win your case. Most people (99% of defendants) never contest their alleged violations due to the inconvenience of making two separate court appearances: the first to plead not guilty (appearance date) and the second to stand trial. In reality, the law permits you to contest an unfair citation with zero court appearances.
You can plead not guilty with a Written Not Guilty Plea (CVC 40519(b)). In this plea you can request a Trial by Written Declaration, a legal right in all traffic infraction cases under CVC 40902. The court will mail the Judicial Council approved Trial by Written Declaration (TR-205) form to you. Examples of completed written declarations for various offences will be provided to you should you choose to use this service.
You'll be given three to four weeks to turn in your written declaration. In the written declaration, you can give testimony and present evidence (pictures, diagrams, etc.) to support your case. The officer who cited you will also have the same deadline by which to complete a written declaration describing his justification for citing you.
There are many advantages to contesting by written declaration. The most obvious advantage: the officer gets paid $200-300 to show up in person at a court trial but gets paid NOTHING to complete this declaration paperwork. In my experience, about 30% of police officers fail to submit a response to the court by the deadline. If the officer does not turn in his declaration on time, your case is DISMISSED and your bail is returned. By simply contesting by written declaration, you stand a decent chance of dismissal regardless of your argument.
There are many other advantages to contesting your ticket via Trial by Written Declaration.
There are other advantages to a Trial by Written Declaration. Even if the officer does respond, you have a much better chance of a favorable judgment. The officer will not be able to refresh his memory of your case without seeing your face again in court. After writing 200-300 citations per month, it's difficult for any officer to remember the specific details of your particular stop. Since you will remember the details of the stop much clearer than the officer, you can usually write a much better declaration. Also, the intimidation that many defendants feel in meeting the officer in the formal setting of a court trial is eliminated by drafting a written declaration in the privacy and security of their homes. The result: most defendants are able to present a stronger case in writing than in person.
If the officer does not respond, your case is dismissed and all your bail is returned, regardless of the merits of your argument.
In a Trial by Written Declaration, the judge is able to assess the case fairly and separately in his chambers. His decision can be based on the merits of the case alone, unbiased by the social circus that is the California traffic court. Even if the judge finds you guilty, he may suspend or reduce your fine and assign you to attend traffic violator school.
In a court trial, fine suspensions are rare and fine reductions are smaller. Judges find it difficult to reduce fines drastically in a court crowded with defendants all expecting the same good deal.
Trial by Written Declaration: Judgment
If the citing officer fails to respond by the due date in writing, your case will be dismissed and your bail will be refunded. The Clerk of the Court will inform you of this dismissal in writing.
If the officer returns his declaration by the due date, the judge or commissioner will rule on the case. You will be informed by mail of the verdict via a Trial by Declaration judgment. If you are found not guilty, the charge is dismissed and your bail is refunded.
If you are found guilty, a fine (taken from the bail you sent in with your written declaration) may be imposed. Your bail is usually equivalent to the maximum legal fine for the charge. This fine may be reduced or suspended at the court's discretion. The judge may also assign you to complete a DMV approved Traffic Violator School. When you provide proof of completing traffic school, the court will set aside your conviction and no violation point will be reported to the DMV.
Trial de Novo: A New Trial and Second Chance of Winning Your Case
Section 40902(d) of the Vehicle Code states: If a defendant is dissatisfied with a decision of the court in a proceeding pursuant to this section, the defendant shall be granted a trial de novo."
If the judge finds you guilty after reading your declaration, you are automatically entitled to a new trial. Nowhere else in criminal law are you entitled to a new trial simply because you are unhappy with the outcome of the first trial. This is only a legal right in traffic infraction cases that begin as a Trial by Written Declaration. This "Trial de Novo" will be an in-person trial in which the judge hears evidence and testimony from yourself and the citing officer.
The legal right to a new trial has a host of advantages. If the officer does not show up at the new trial, your case is dismissed. By the time you get to a trial de novo, three to six months after you were cited, the officer may no longer remember significant facts of your case, leading to a dismissal. If the new judge at your second trial is fairer than the first judge and accepts your argument, he can dismiss the case or find you not guilty. Even if you are found guilty at your second trial, the judge can still reduce your bail and assign you to traffic school.
To request a Trial de Novo, you must submit a form TR-220 (Request for Trial de Novo) to the court postmarked within 20 days of the mailing date of your guilty verdict.
Trial by Written Declaration: Other Advantages
There are other advantages to a Trial by Written Declaration. Even if the officer does respond, you have a much better chance of a favorable judgment. The officer will not be able to refresh his memory of your case without seeing your face again in court. After writing 200-300 citations per month, it's difficult for any officer to remember the specific details of your particular stop. Since you will remember the details of the stop much clearer than the officer, you can usually write a much better declaration. Also, the intimidation that many defendants feel in meeting the officer in the formal setting of a court trial is eliminated by drafting a written declaration in the privacy and security of their homes. The result: most defendants are able to present a stronger case in writing than in person.
A friend of mine submitted a written declaration for speeding on the freeway; he was driving 93 in a 65, clearly in violation of the law. On his written declaration he wrote,"I'm not Guilty" with an orange crayon, misspelling "guilty". The officer who cited him did not respond; my friend received a dismissal notice and his $270 in bail back in the mail. If the officer does not respond, your case is dismissed and all your bail is returned, regardless of the merits of your argument.
In a Trial by Written Declaration, the judge is able to assess the case fairly and separately in his chambers. His decision can be based on the merits of the case alone, unbiased by the social circus that is the California traffic court. Even if the judge finds you guilty, he may suspend or reduce your fine and assign you to attend traffic violator school.
In a court trial, fine suspensions are rare and fine reductions are smaller. Judges find it difficult to reduce fines drastically in a court crowded with defendants all expecting the same good deal.
Summary
Why doesn't the court clearly inform us that we can appear just once in court for two chances of contesting our traffic infractions? Money. Last year the traffic courts in California collected approximately one billion dollars in fines and forfeitures on uncontested traffic tickets. Ignorant of their legal rights, confused and intimidated by the courts and police, 99% of Californians ticketed simply pay up.
All too often, Californians pay their citation without a fight, accepting a conviction on their DMV record. Imagine if only one in four of them exercised their legal right to complete a Trial by Written Declaration. Imagine over one million written statements flooding into California traffic courts every year. Imagine the expressions on the judges faces as bag after bag of mail is unceremoniously dumped on their desks. Let the avalanche begin.
my email is nano13ga@aol.com
