Reddit question: TBWD and car insurance, would a guilty on TBWD goes reported to DMV right away?

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?

Of course you have evidence. You have your testimony. Testimony is evidence.

Most HOV tickets can easily be contested in situations where the cited movement was necessary for safety, and the officer rarely has the point of view to dispute that it was necessary to move into the lane in order to avoid an accident, pursuant to California Vehicle Code 21462.

The need to temporarily ignore the direction of a traffic sign or signal is provided for in the vehicle code. CVC21462 states: “The driver of any vehicle… shall obey the instructions of any official traffic signal applicable to him and placed as provided by law, unless otherwise directed by a police or traffic officer or when it is necessary for the purpose of avoiding a collision or in case of other emergency….” You can make the argument that the action you took was contrary to the direction of the traffic markings but absolutely necessary to avoid a collision and therefore lawful pursuant to CVC21462.

This strategy is explained thoroughly on the Ticket Assassin website. There are probably other places you can get the same information. Regardless, your Trial by Written Declaration is an extra opportunity for you to beat your citation. You might as well try to win it.

Reddit question: CVC 22102-SMSD

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.

Reddit question: 22349 (a) Barstow Speeding ticket

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

A:  You should be able to send in a plea by mail and ask for traffic school.

Another option is to send in a not-guilty plea with a request for a Trial by Written Declaration. In the Trial by Written Declaration, you can end it with

“I swear, under penalty of perjury, that the above is true. If the court does not find in my favor in this case, I request a fine reduction and a Court assignment to attend traffic school.”

That almost always works.

The Written Not Guilty Plea and the Trial by Written Declaration process is explained in depth here.

The Trial by Written Declaration can be done through the mail. There’s a good chance you will win and then the ticket goes away. If you lose, you can have the verdict set aside with trial de novo, and then you are back in the same spot: facing an in-person court trial. (but, at least now, you’ll have a Statement of Facts you’ve written that you can read in court).

Reddit question: Seatbelt ticket

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.

There are several Trial by Written Declaration defenses for a California Vehicle Code 27315(d) violation here. Given that this ticket has no point, there’s no reason not to fight this to the hilt.

Reddit question: 100mph in 65 (35mph over) freeway

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.

First, school zones. Next, your corner.

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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EFF Joins Effort to Restrict Automated License Plate Readers in California

The Ticket Assassin welcomes EFF into the fight against automated enforcement. It only took them twenty five years to join the fray.

One year ago, the California State Auditor released a damning report on the use of automated license plate readers (ALPRs) by local law enforcement agencies that confirmed concerns EFF has raised for years. Police are using these camera systems to collect enormous amounts of sensitive data on Californians’ travel patterns. Yet they often haven’t followed the basic requirements of a 2015 state law, S.B. 34, passed to protect privacy and civil liberties from ALPRs. While the auditor only conducted a deep-dive into four jurisdictions—Los Angeles, Fresno, Sacramento County and Marin County—all were found to be noncompliant. Investigators concluded that the problem was likely widespread among the hundreds of local agencies using the technology.

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Home surveillance camera shows officer lied on report when charging man with major crimes during traffic stop

Watch the video.

The Ticket Assassin repeats his recommendation that you get a dashcam that shows the front and rear of your vehicle. Also, your odds of getting a citation go way, way up if you exit your vehicle during a traffic stop. Don’t do it.

Read (and print out) the Ticket Assassin’s Visor Guide for Traffic Stops.

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LA lawmaker: Bus dash cams could curb parking scofflaws who tie up traffic

More damn cameras.

Pay attention where you park, people. The Ticket Assassin can beat just about any moving violation, but parking tickets are another kettle of fish. They are very difficult to beat.


OAKLAND, CA - SEPTEMBER 14: A new AC Transit Tempo bus is seen along International Boulevard in Oakland, Calif., on Monday, Sept. 14, 2020. (Jane Tyska/Bay Area News Group)

OAKLAND, CA – SEPTEMBER 14: A new AC Transit Tempo bus is seen along International Boulevard in Oakland, Calif., on Monday, Sept. 14, 2020. (Jane Tyska/Bay Area News Group)

Drivers who park illegally at bus stops or in transit-only lanes could get ticketed more often if a proposal in California’s state Legislature becomes law.

The bill from Asm. Richard Bloom, D-Los Angeles, allows bus agencies to install automated cameras on the front of their coaches, which could capture the license plate of any car parked in bus stops or dedicated bus lanes.

The vehicle’s owner would get a ticket in the mail and, Bloom and the bill’s supporters hope, learn their lesson not to block the bus.

Those cameras are already in use on some Bay Area buses. AC Transit has issued 588 citations for $110 a pop to drivers who stopped in the bus-only lanes of the Tempo line, which began service from downtown Oakland to San Leandro along International Boulevard last summer, said agency spokesman Robert Lyles.

San Francisco’s Muni buses also have cameras, but state law only allows those two agencies to use the technology, and limits their use to enforcement of the bus-only lanes.

Bloom’s legislation, which is sponsored by the LA Metro transit system, would let any bus agency install cameras and expand where they can be used to include curbside stops. The bill, AB 917, was introduced last month and is now before the Assembly’s transportation committee.

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Reddit Question: Lost all my traffic ticket info??

Q: I scanned and saved a copy of my ticket but you can’t read it unless you embargo it and even doing that the ticket is barely ledgeble. I lost the hard copy along with all the letters O received from the Beverly Hills Court…OMG I don’t know what I should do? I have a court date coming up in the next week or 2. What should I do? Who should I call? I’m freaking out even tho they are fixit ticks only. Any advice would be so appreciated.

A: Look it up on the court website. If you can’t find it, contact the court. Or go down to the court and ask the court clerk to look up the docket number.

Two weeks is plenty of time to submit a written not guilty plea by mail and request a Trial by Written Declaration.