Question: I got my ticket in a rural county about 80 miles from my home. I requested a Trial by Declaration from the local court. They wrote back saying that since I didn’t live more than 100 miles from the court, I was not entitled to a TBD. Does the law allow them to do this?
Answer: No. The Ticket Assassin has seen this sort of court scam before. Typically, such distance rules are never adopted by the court formally but are invented to deter contesting by out-of-town drivers like you. The California State Vehicle Code (section CVC40902) allows a Trial by Declaration “upon demand” without any distance criteria. Cite this vehicle code section to the clerk and insist upon your right to a Trial by Declaration.
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