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.

Q: So about 9-10 months ago I got a ticket.

Now that the initial due date is about 3-4 weeks, I am planning to write a TBWD with the very basic response of “I demand the prosecution prove its case.” (probably not winnable, but to stall time).

The thing is, if I were to lose the TBWD, would that be reported right away to DMV? I don’t want my car insurance rates to go up as a result of losing the TBWD.

I will be planning to do Trial De Novo anyway if I were to go TBWD and request for traffic school, but in the meanwhile, is my concern valid at all? Thanks.

A:“I am planning to write a TBWD with the very basic response of “I demand the prosecution prove its case.” (probably not winnable, but to stall time).”

Instead of writing your Trial by Written Declaration in the most half-assed way possible, why don’t you try to win with it? People win with them a good percentage of the time, especially when the evidence is presented well, with photos, diagrams, proper witness statements, and other evidence.

reply: I would, but I don’t have any evidence at all to win the case. Should I even bother doing TBWD at all in this case?

Q: Took a left turn into a parking lot drive and was literally pulled over on the parking lot by a cycle officer who wrote a ticket for an Illegal U-Turn in Business District. I have read the 12-step guide but am not sure what to write in my tbwd; to either ask for proving of case or write my own declaration. Any suggestions on how to handle this based on how often you see PD or Sheriffs claiming an illegal u-turn when turning into a business drive?

A: If your turn was 90 degrees or less, then it counts as a simple left turn. If it’s over 90 degrees, it can be seen as a u-turn. In a business district, the first one is legal, the second is not.

If you can show with overhead maps (Google Earth) your path, it should really help your case.

Q:  I (17) was going 90 in a 65 on the 177 ( two lane desert road. I had the cruise set to 80 and went to pass a cement truck. The car in front of me passed the truck and I followed. I did not attempt to pass the car ahead of me. The car ahead of me was a cop and they pulled me over. I know that 25 over barely qualifies for traffic school but realistically decreasing my insurance is all that I am concerned with. I fully recognize that I was in violation of the law but mitigating the damage is what is important to me now. I really don’t want to make an in person appearance as I was four hours away from home. Thanks

Q: Hey so I just got a seatbelt ticket in LA county. Is it considered a non moving violation in the state. The officer said it was a non moving violation but online it says otherwise. Didn’t know if the laws change. Most importantly, Will it end up on my driving record?

A:  Seat belt tickets cost between $25 – $162 and carry no points if the driver and passenger are over the age of 16. If either the passenger or driver is under the age of 16 years-old then the ticket carries 3 DMV points which stay on your record for 3 years.

Q: 22349. I just got my First ticket I’m 26 yo. he said I was 103. he said he reduced to100mph in 65(1am) some guy was really close to my booty so I had sped up to gain distance. and it was dark so I didn’t slow down fast enough before passing CHP. He said I would get one point on my license. I am mostly concerned about my record. I will hire legal help. how bad is this situation? how difficult will this be able to fight? Thank you for any advise (read the 12 steps found my lawyer I want to work with)

A: A 22349 is a simple one-point ticket that you can dispatch with a Trial by Written Declaration.

Directions for how to do a Trial by Written Declaration are here. Access requires basic registration. The guides are free (sort of) but email support and some specific examples are available after a $25 contribution.

If these speeding cameras are profitable, you can bet your ass they will pop up like mushrooms all over the state.

California State Senator Pushes For Speeding Cameras In School Zones

IRVINE (CBSLA) — California Sen. Susan Rubio, D-Baldwin Park, has introduced a bill that would authorize local governments to install speeding cameras near school zones.

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