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  1. #1
    Join Date
    May 2006
    Posts
    2

    Default California Trial by Declaration Defense

    I recently got a speeding ticket for allegedly driving at 48 in a 35 zone in Los Angeles. After doing some research, I decided to fight my ticket thru trial by declaration as that would give me 2 chances, one thru mail and the second chance in person. Now, I am in the process of filling out my trial by declaration form, and I have heard of 2 defence strategies:

    1. To declare complete innocence, and claim that I was going at or below 35, and there was probably an error in the officer's radar. Short 2 or 3 line answer.

    2. To explain the real circumstances in detail, which was the flow of traffic, a truck overtaking me moments before, and the fact that I was still within the limits of California Basic speed law. In reality, I was driving at approx. 42 or so, no way near the 48 that I was alleged of.

    Please tell me which of these 2 strategies have a better chance of success in your opinion. Have you heard of many tbd successful defences? if yes, what was it?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: California Trial by Declaration defence

    Quote Quoting Jayzee310
    1. To declare complete innocence, and claim that I was going at or below 35, and there was probably an error in the officer's radar. Short 2 or 3 line answer.
    Since you were NOT going below 35 by your own admission, to argue that you were would be perjury. You can still argue that the officer's radar was off if you can manage to articulate that (which is tough to do in a TBD), but do you really want to commit perjury?

    2. To explain the real circumstances in detail, which was the flow of traffic, a truck overtaking me moments before, and the fact that I was still within the limits of California Basic speed law. In reality, I was driving at approx. 42 or so, no way near the 48 that I was alleged of.
    Going the speed of traffic is never a valid defense. And the posted speed limit, if supported by a current survey and legal justification to modify the speed to 35, is considered the prima facie safe speed. And even 42 is in excess of 35.

    - Carl

  3. #3
    Join Date
    Oct 2005
    Location
    California
    Posts
    1,206

    Default Re: California Trial by Declaration Defense

    I used the "trial by declaration" option and was found guilty in spite of providing what I thought was a wonderful defense. On round two, I went to court before the same judge and was found not guilty. I was able to question the cop and felt I had a huge advantage due to the fact that he was ill-prepared for a well-thought out defense and didn't appear to be very bright. (I felt badly about making him look foolish and apologized to him afterward.)

    It's a really good deal to have the chance to give it 2 tries...very hard to believe it's still allowed in, of all places, California.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: California Trial by Declaration Defense

    California is a very defendant friendly state in many regards.

    As for traffic offenses, the average cop spends about 10 seconds preparing his case ... we really don't concern ourselves a whole lot with them so beating us from time to time is not exactly a tremendous victory.

    Plus, we get paid to be there.

    But, SOME of us have lost only once in traffic court (my first cite - I used the wrong subsection ... oops!). It just "depends".

    - Carl

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