Q: This is my first ever speeding ticket, so I am nervous about it. I decided to do a Trial By Written Declaration. Any help or advice would be greatly appreciated. Please and Thank you.

So here it is;
Your Honor, I respectfully request this citation be dismissed based on the statement that will be provided. This correspondence can be considered my formal plea of not guilty. So I submit this Trial By Written Declaration and plead not guilty to violating California Vehicle Code (CVC) Section 22350

On April 13, 2021, I was driving northbound on Railroad Avenue. I was pulled over by Officer Griffy and cited for violating CVC 22350. Allegedly, I was driving over the posted speed limit. I do believe I was driving at an appropriate speed following the flow of traffic in safe conditions.

CVC 22350 states; “No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.”

The road was dry with clear visibility, the only issue was that there was a train on the tracks, so it made it a little hard to hear at that time. There was light traffic with cars ahead of me seemingly driving at a faster speed than I was and a few cars behind me were catching up to me. So I believe my speed at the time was adequate since going any faster would be speeding and slowing down may put the cars behind me in an unsafe position. So, I do believe my driving was not a danger to anyone’s safety and/or property.

If however this case is not dismissed, even though I believe I am not guilty of this violation, I believe there are alternatives;

– If possible I would like this case to be dismissed since this would be my first offense and would greatly affect my financial situation. Or pay a reduced fine or make payments for the fine. As long as this does not go on my driving record.

– If possible, I would attend a court-approved traffic school. So this conviction can not be in my DMV record.

– If none of these alternatives are possible I would like to request a Trial De Novo.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

A:

Q:

I was driving with my cruise control set at 85, and was trying to overtake the car ahead of me. This is actually my 2nd ticket where I was going 90+ (although the other was for a 65 speed limit not 70), is that what the (#2) is for under the Description with the Code and Section? The other one had gotten dropped. Even if it was dropped, do they keep track of them? I’m assuming that because I missed the 25 mph cutoff by 2 mph, I wont have traffic school offered?

For the stop itself, it was professional and I was polite the whole time. He did ask what speed I was going and I mentioned “I had set the thing for 85” (I had forgotten the term cruise control, but idk if he understood through context) and followed up by saying that I had been overtaking someone in front of me. He said that he clocked me going 97. Unfortunately I wasn’t paying attention as I was trying to overtake so I don’t really remember what my speed was. He then asked me if I was late to work (I was in my uniform) and I replied “no, not yet”. That was pretty much it before he explained the ticket and had me sign it.

A:

Were there any other cars on the road near you at the time you think the officer got his reading?

(answer: Yes there were several cars around me in all the lanes at the time, I wasn’t on an open stretch of road on my own)

Q: Hi! Got a ticket for not stoping at stop sign officer said I didn’t stop for 3 seconds this happened in Carson ca, LA county. I know their is no excuse I did a rolling stop I stoped for probably 2 seconds and kept going. If I pay by mail do I still have to go to court ? I have a clean record first ticket ever. I don’t want a point so I’m willing to do traffic school but just wondering if I have to still go to court ?

A: Did the officer say “three seconds”?

The police will often will cite you for not stopping long enough at a stop sign. However the stop sign code, CVC 22450, does not require you to stop for any specific period of time. It merely requires that a driver actually “stop.”

A “stop” is defined in CVC 587 Stop or Stopping: “Stop or stopping… shall mean any cessation of movement of a vehicle.”

Most officers will state that you should stop for 3-5 seconds, but a “stop” is defined in the vehicle code as “any cessation of movement;” no specific time period is specified. If you stop for a brief moment, the law recognizes this as a stop.

Many cops will site you because they did not see you stop. This is also why they tell you to stop for 3-5 seconds, to give them time to look and verify that you stopped. This is bullshit, obviously. The law clearly states that “any” cessation of mom event constitutes a stop. Cops should only cite you if they see you “not stop.”

Many cops guess that you didn’t stop from their concealed position around the corner at an intersection. Since they know that 80% of drivers do not stop at an uncontested intersection, they will assume that you also did not stop, even if it is impossible to see this from their position. In this way many drivers who do stop are cited based on a false assumption on the officer’s part.

There is a 22450(a) Trial by Written Declaration example on the Ticket Assassin website.

Q:

A month ago I was pulled over on a road with a 50 mph speed limit going 73mph according to the officer’s speedometer. The area were I was pulled over is in a 2 mile stretch without any traffic lights with three lanes on each side. There were no other cars around me, which the officer called out when he was telling me my speed (meaning I couldn’t argue that it wasn’t my car). I’ve been driving for about 10 years and this was my first time getting pulled over and getting a ticket, so I was a bit flustered. I didn’t realize I was going that fast, so I was shocked. The officer was nice and wrote that I was going 73 mph in an 65 mph area.

I was considering just paying the fine and doing traffic school, but after reading more on this subreddit I’m wondering what would happen if I showed up to court on my court date and asked for a point dismissal… or if I send out a TBWD. Is there a possibility that they would correct the speed limit on my ticket to 50mph and change my fine? I’m also really worried about the point. Even if I do traffic school, I’m scared that if I get another ticket in the next 18 months my insurance can be impacted for up to 10 years, if I read it correctly online.

If I do show up to court on the date on my ticket, what does the process look like? From what I read on this subreddit, the arrangements are done prior to speaking with the judge? Do I need to set a time or do I go anytime that day?

Please let me know if I can provide more information. Any suggestions are greatly appreciated!

A:

I was considering just paying the fine and doing traffic school,

You can ask for court assignment to traffic school after losing a Trial by Written Declaration. Or, you can ask for court assignment to traffic school after you lose your Trial de Novo.

If you win either one, you won’t need to ask.

I’m wondering what would happen if I showed up to court on my court date and asked for a point dismissal…

Judges don’t hand out point dismissals. They hand out assignments to Traffic School.

or if I send out a TBWD. Is there a possibility that they would correct the speed limit on my ticket to 50mph and change my fine?

There is zero chance of this. You did not sign a plea bargain agreement, you signed a promise to appear. That’s it.

I’m also really worried about the point. Even if I do traffic school, I’m scared that if I get another ticket in the next 18 months my insurance can be impacted for up to 10 years, if I read it correctly online.

You should be worried. The insurance increase is not small. It is large and painful, way more than the traffic ticket fines.

It behooves you to vigorously contest this ticket as hard as you can. That means a Trial by Written Declaration, and if that’s not successful, then also a Trial de Novo.

If you do not want to make a court appearance, then the bare ass minimum is a Trial by Written Declaration. You can fight the entire ticket by mail. And if you lose, you can ask for traffic school and a fine reduction by mail as well.

Q:

I think I have a case to argue with a ticket that I received 10/2020. I have exhausted my extensions and pled not guilty at arraignment.I’m scheduled a court date for 08/11 at OC Westminster Justice.

Ticket violation VC21453(a) = Red or stop violation limit line or x-walk stop.

Details of the violation:

• Busy day with traffic. I was approaching a traffic light to turn right with cars in front of me and behind.
• I have slowed down and stopped to get my turn then slowly and safely turned right.
• 2 motor-officers followed me and one of them gave me a ticket for violation above. Only one officer signed it.
• Officer didn’t know the year or model of the car out of the registration and has the “model” wrong. He asked me about the year, and I told him.

I think I was unfairly given that violation since its typical for going straight through a red light (I’ve asked a traffic attorney and he confirmed). A lesser amount would have been VC21453(d); almost half of the fees.

Details of arraignment:

• I asked the judge to lower the fees and I may consider guilty. He said nope.
• I mentioned to him my financial inability to pay. He said nope.
• I plead NOT guilty and was given a court date to argue my case.

I have 2 questions.

1. Can I do TWD before the court date?
2. Do I have a case to argue for the wrong violation and either getting lowered or dismissed?

A: Can I do TWD before the court date?

Q:

I got my first ticket in Pomona on June 23 for disobeying sign R60B (CA) in the California MUTCD and continuing straight through the intersection where the sign was posted. This is my first ticket in 6 years of driving and I am eligible for traffic school if I decide to plead guilty. I think that I have an argument to get my ticket dismissed, but I wanted to get some input on if I am correct or if I should just pay the fine and go to traffic school.

The sign was posted over the middle lane of a three lane freeway exit on Rio Rancho Rd in Pomona. Being in the middle lane and seeing that there was a clear path back to the freeway by going straight, I thought that it would legal to do so since there was no sign or obstacle that would indicate otherwise. Here is how the sign looks:

https://www.google.com/maps/@34.0318137,-117.7573433,3a,75y,339.54h,90t/data=!3m6!1e1!3m4!1sqRaIm1y3oiEBL26_0rFLFg!2e0!7i16384!8i8192

After crossing the intersection I (along with a few other cars) were all stopped and given tickets for disobeying the sign. There were either 2 or 3 officers present so that they could give everyone their tickets since a lot of people made the same mistake that I did. The first question I have is whether I could ask all of the officers who were involved in ticketing the cars to attend my trial even if I do not know all of their names. I can not remember if it was the same officer that stopped me who gave me the ticket, so I would assume it is a fair request.

I think that I have a valid argument based on what I read in the Manual on Uniform Traffic Control Devices, which is directly referenced in the vehicle code the officer wrote. In section 2B.21 standard 09 of the manual the sign I disobeyed is defined as an “optional movement lane control” sign. This is important because standard 04 in the same section states that “The Optional Movement Lane Control sign shall not be used alone to effect a turn prohibition.”, which I interpret as meaning that they should have had some kind of sign prohibiting people from going straight at the intersection. Is this actually correct or am I mistaken?

A:

Bringing up the MUTCD is a great idea for a defense. I don’t know why you wouldn’t FIRST try this argument in a Trial by Written Declaration, where you can quote from the California Vehicle Code and from the MUTCD. I would use some argument based around this:

CVC 21461(a) states: ”It is unlawful for a driver of a vehicle to fail to obey a sign or signal defined as regulatory in the federal Manual on Uniform Traffic Control Devices, or a Department of Transportation approved supplement to that manual of a regulatory nature erected or maintained to enhance traffic safety and operations or to indicate and carry out the provisions of this code or a local traffic ordinance.”

The text of 21461(a) indicates that this code only applies to regulatory signs as defined in the federal MUTCD. For the court to even consider the officer’s claims, he should provide proof that this is a regulatory sign that must be obeyed and not an optional movement lane control.

That argument, along with your photo(s), should make a good declaration.

Furthermore, you could try using the cops’ behavior against them. You can bring up the fact that many many other drivers drove straight through this intersection and that the officers fell on them like dolphins on school of sardines. The officers apparently believe that this is not enough of a safety concern that traffic engineers needed to be notified in order to make the signage more clear, but they also recognized the confusing nature of the sign well enough to take advantage of the constant stream of people who believed that the sign was, in fact, a sign indicating optional movement lane control, and drove as such.

Directions for how to do a Trial by Written Declaration are on the Ticket Assassin site. Access requires basic registration. The guides are free (sort of) but if you want specific examples, then they want a $25 contribution. My two paragraphs came from one of their declarations examples.

I think it’s a GREAT idea to file for discovery to get the name of the officer who actually saw you drive through the intersection and signaled for you to pull over. If you lose at the Trial by Written Declaration stage, in your in-person court trial, if both the arresting officer (the one whose name is on your citation) AND the officer who saw your alleged lawbreaking are not in court, you can ask for a dismissal on those grounds even before you start reading your declaration. Filing for discovery is explained here.

Q:

I read the 12 step guide and am considering writing a TBDW asking the officer to provide proof that the zone was actually 35mph. I have a video of the street with the 40mph sign. I fear I am too close to the court date, 05/04. Would this be a good course if action?

The street starts at 40mph and turns into a residential where the speed comes down to 35. The officer pulled me over in the 40mph part of the zone but wrote 35mph on the ticket.

Ideally I would like to get this over with, without acquiring a point. I do not mind traffic school, just want this behind me, and corrected. Any help would be appreciated. Thank you.

A:

05/04 is time enough to write and submit to the court a written not guilty plea with request for a Trial by Written Declaration. Assuming the court gets it on time, you will get a new deadline to turn in your Trial by Written Declaration paperwork, usually around four weeks. SEND IT CERTIFIED, RETURN RECEIPT REQUESTED.

You have a better defense than most: along with the other standard arguments, you can include proof that the speed limit is not what the officer said it was. You can make the argument that if the officer was so inattentive to details as to get the SPEED LIMIT wrong, then the rest of his evidence should be considered as dubious and should be dismissed.

In any event, the Trial by Written Declaration process is explained here. It’s a seven-minute read, and it could save you a several-hundred-dollar fine, a point on your license, and an increase in your insurance.

If you’re found guilty, you can still request traffic school and a fine reduction, or try again with an in-person court trial. The trial de novo process is explained here.

Q: The catch: We were on the opposite side of the freeway.

We were on the long stretch of the freeway before King City, on the way going to San Francisco to see friends. Not much cars driving at that time. It was early in the morning between 6-7am.

The highway patrol cop probably spotted us, as my friend said he saw the patrol car driving suddenly made a u-turn on the freeway. Once my friend saw the cop made THAT u-turn he immediately drove slower like 75mph max. When he started following us for a few mins then we knew we were in trouble.

Has this happened to anyone before? What the cop did (u-turn), was that legal/okay? Is this a common way to catch people speeding? Were we just unlucky? Are radars still accurate if it is used on the opposite way?

It was July 3rd and I’ve heard stories of cops having quota or just love to keep giving tickets during holiday weekend. I asked my friend ‘Were you really driving 94 or were you just gaslit?’ My friend said he thinks he was driving around that speed, but he did not directly admit to the cop, plus he was quite nervous during the interaction. My friend is from Downey and we are currently waiting for the letter. My friend has the ticket and I will post the necessary details (#, county etc) once I get to see it.

I guess my question is, do we have a chance to fight this or are we screwed?

Thank you for your advice.

Update: I forgot to say my friend is making bare minimum salary. A $400/500 ticket is gonna be huge dent on his finances. I will help him pay the ticket as a last resort, but would appreciate any other options or recommendations for now…

A: When going the opposite direction, the radar device has to do some calculations including the speed of the officer’s vehicle and the angle at which you were travelling. Since it involves the officer’s speedometer, it is less accurate. How much less accurate? Well, probably not enough for reasonable doubt, but it doesn’t hurt to try.

Q: I am currently fighting a ticket through trial by written declaration and it has been a while and im awaiting a decision over a month. Does this mean the officer submitted documents? Is there a way to know if the officer ended up submitting anything? I know the easiest way for dismissal is for them to do nothing which is why im asking.

A: You can follow the status of your case on the court’s website. Keep up on it because you have ONLY 21 days from the date of your verdict to file a Trial de Novo. I have seen cases where the court doesn’t notify the defendant of the guilty verdict, more than 21 days pass, and then it’s impossible to contest further.

You will not be told if the officer submitted any documents unless you file for discovery.
You will find out soon enough if the officer submitted an officer’s declaration: you’ll get your verdict, and likely not in your favor unless your declaration was super awesome, and perhaps not even then.

Q: I read the 12 step guide and found out that most clerical errors will not get a ticket dismissed. The only discrepancy I noticed on my ticket is that the officer wrote the model of the car in the “make” section and wrote nothing in the model section. I understand this is a clerical error, but I have no other ideas on how to fight this ticket and increase the odds of getting it dismissed. If I go to court, is requesting deferred adjudication a good idea? Any help is appreciated, thanks!

A: You can argue the officer’s point of view did not permit to see you come to a complete stop. You can argue that the officer’s view was obstructed. You can argue that you stopped behind the limit line, where the officer couldn’t see you. Etc. There are plenty of strategies as well as examples of how to use them on the Ticket Assassin.