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.