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Step One: Submit a Written Not Guilty Plea
To contest your citation without a single court appearance, you must
first send the court a Written Not Guilty Plea (explained at length
on our "Put A Hit on Your Ticket" page). This
will save the time and hassle of appearing in court to plead not guilty
in person. In the Written Not Guilty Plea, you should also request a Trial
by Written Declaration to avoid the inconvienence of a court trial.
Legal Requirements: Written Not Guilty Plea
You must include the full bail amount indicated on your "courtesy" notice
when submitting a Written Not Guilty Plea. If you mail your plea, it must
be postmarked at least five days prior to your appearance date via certified
or registered mail. This appearance date is indicated on the bottom of
your ticket. If you have less than five days left before your appearance
date, you can still deliver your Written Not Guilty Plea to the court
in person.
Written Not Guilty Plea, blank for printing
Written Not Guilty Plea, example
Step Two: Specific Trial By Declaration Examples
Upon receipt of your Written Not Guilty Plea, the court will send you
a blank TR205: Trial By Written Declaration form. Fill this out
using the examples below. To maximize your odds of success, FOLLOW
THE DIRECTIONS CLOSELY.
Directions on how to use these
written declarations.
| 21453: Automated Red-Light Enforcement Ticket |
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Example
one: calculation shows light still yellow (best for violations
of less than one second). |
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Example two: illegal
speed trap argument (all red-light-camera tickets). |
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Example three: Registered
owner claims he is not the driver seen in photograph. |
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Example four: Ticket
arrives in mail 15 days or more after date of violation. |
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| 21453: Failure to stop at a red light (police
issued) |
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Example one. |
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| 21461(a): Failure to obey official traffic
control devices (aka: Violation of sign) |
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Example one. |
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| 21703: Following too closely (tailgaiting) |
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Example one: Following
distance was safe (in car lengthgths) |
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Example two: Following
distance was safe (in feet) |
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| 22349(a): Maximum Speed Law (exceeding
65 MPH) |
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Example one: Sped
up Momentarily to Yield to Tailgater |
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Example two: Speed
Above 65mph was Safe for Conditions |
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Example three: Speed
of Traffic Made it Unsafe to Drive at 65mph |
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Example four: Aircraft
enforced, Illegal Speed Trap from Air. |
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| 22350: Basic Speed Law (unsafe speed for
conditions) |
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Example one:
Radar ticket. "Safe & reasonable speed" and "speed trap" argument. |
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Example two:
Radar ticket. "Radar beam spread" argument (best for tickets of 10mph
or less above limit in medium to heavy traffic). |
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Example three: Radar
ticket in a school zone. |
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| 22356: Exceeding Posted Speed of 70 MPH
(Aircraft Enforcement) |
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Example one:
Illegal
"Speed Trap" from air. This has been our most successful declaration. |
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| 22450: Failure to Stop at Stop Sign |
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Example one:
Failure to stop "behind" limit line |
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Example two:
Failure to stop "long enough". |
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| 22454: Passing a School Bus (Red Lights
Flashing) |
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Example one. |
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| The "Idiot's" Five-Second
Declaration for all violations |
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A SECOND CHANCE AT WINNING YOUR CASE
If you lose your Trial by Written Declaration case and want to continue
the fight, all is not lost. You have twenty days to demand a new trial
by sending in a Trial De Novo form. This new trial is a second opportunity
to win your case with an in-person court trial. A Trial de Novo is a legal
right in Written Declaration cases only. Click
here for information on submitting a Trial de Novo.
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