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Thread: Trial By Declaration (How To)

  1. #21

    Re: Trial By Declaration (How To)

    Quote Originally Posted by Blaze
    This is one of my more recent TBDs. It's based on the old one, and is currently being used to fight a ticket involving an aircraft. Thanks to several members for helping me out with this.

    Blaze

    [size=18px]Example 6[/size]


    STATEMENT OF FACTS

    Defendant's Name: Meg Griffen
    Case No.: 93263BV

    I respectfully submit this written declaration to the Court pursuant to CVC 40902. I plead Not Guilty to the charge of violating CVC 22349.

    The facts of my case are as follows: While driving on I5 on 05-04-06, I was stopped by a CHP Officer (I.D.#15353) and was charged with violating CVC 22349. The Officer has alleged that I was driving 85mph in a 65mph zone based on Aircraft evidence. I believe that I was driving approximately 70mph at the time of my stop and that my speed was quite safe for the prevailing conditions.

    The Basic Speed Law, 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."

    At the time of my stop, the road was dry and clear with light traffic. No persons or property were put at risk.

    Further, I believe that the method in which my speed was evaluated is subject to error and, may constitute an illegal Speed Trap pursuant to CVC 40802(a)(2).

    40801. States that “No peace officer or other person shall use a speed trap in arresting, or participating or assisting in the arrest of, any person for any alleged violation of this code nor shall any speed trap be used in securing evidence as to the speed of any vehicle for the purpose of an arrest or prosecution under this code.”

    40802. (a) Describes a "speed trap" as “A particular section of a highway measured as to distance and with boundaries marked, designated, or otherwise determined in order that the speed of a vehicle may be calculated by securing the time it takes the vehicle to travel the known distance.”

    40803. (a) “No evidence as to the speed of a vehicle upon a highway shall be admitted in any court upon the trial of any person in any prosecution under this code upon a charge involving the speed of a vehicle when the evidence is based upon or obtained from or by the maintenance or use of a speedtrap.”

    40804. (a) “In any prosecution under this code upon a charge involving the speed of a vehicle, any officer or other person shall be incompetent as a witness if the testimony is based upon or obtained from or by the maintenance or use of a speed trap.”

    CVC 40805, Admission of Speed Trap Evidence, states:"Every court shall be without jurisdiction to render a judgment of conviction against any person for violation of this code involving the speed of a vehicle if the court admits any evidence or testimony secured in violation of, or which is inadmissible under this article."

    I trust in the Court's fairness and ask that my citation be dismissed in the interest of justice.

    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.

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

    Date: September 9, 2006

    Meg Griffen
    Defendant in Pro Per
    Hay blaze, any word on if this one worked? i wanna try to use it, plus it was a speedtrap

  2. #22
    Canyon Racer FUEL's Avatar
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    Re: Trial By Declaration (How To)

    It will work. I've used the examples posted here 3 times... And won all 3 times.

  3. #23

    Re: Trial By Declaration (How To)

    I love you blaze for this info! No homo


    I'm printing this shit out just in case if the Internet goes out of business...lol

  4. #24

    Re: Trial By Declaration (How To)

    thanks for the info! really does help

  5. #25

    Re: Trial By Declaration (How To)

    Can someone PLEASE help me.... just received a notice of traffic violation in the mail. I got nailed by a stupid camera for a right turn. Violation says "failure to stop at red light". But the pictures they sent me clearly shows that my break lights were on. I can't believe this bullshxt costs $446.00, it's not like I committed murder! Ugh City of Walnut must be poor... but anyway... so how do I fight this? I wasn't pulled over by a cop or anything. Does anyone have any Trial by Declaration templates I can use for my situation? =( I can't believe they would do this to me right before Christmas, I'm broke already!! Someone please help me ~! Please??

  6. #26

    Re: Trial By Declaration (How To)

    Quote Originally Posted by tinyt288
    Can someone PLEASE help me.... just received a notice of traffic violation in the mail. I got nailed by a stupid camera for a right turn. Violation says "failure to stop at red light". But the pictures they sent me clearly shows that my break lights were on. I can't believe this bullshxt costs $446.00, it's not like I committed murder! Ugh City of Walnut must be poor... but anyway... so how do I fight this? I wasn't pulled over by a cop or anything. Does anyone have any Trial by Declaration templates I can use for my situation? =( I can't believe they would do this to me right before Christmas, I'm broke already!! Someone please help me ~! Please??
    I recently got the same violation but by a Officer 21453 (C)?. Just ask for a extension if you dont want to sacrafice your Holiday money. I currently don't have a TBD template but I'm working on one. Mine is due in February!
    My wish resigned.<br /><br />]

  7. #27

    Re: Trial By Declaration (How To)

    ugh... my bail is due Jan. 14 but if I request for a Trial by Declaration, the due date is Jan. 7!!!! What do I do? request for an extension first? Will they still allow me to request for a TBD then?

  8. #28

    Re: Trial By Declaration (How To)

    Quote Originally Posted by tinyt288
    ugh... my bail is due Jan. 14 but if I request for a Trial by Declaration, the due date is Jan. 7!!!! What do I do? request for an extension first? Will they still allow me to request for a TBD then?
    Yes, you're still eligible for Trial by Declaration if you request a extension. Thats what I'm doing. You have to pay the bail amount first then receive TBD forms. You may also download the forms from the Los Angeles suprior court website.
    Just show up to the clerks office and ask for a extension.
    My wish resigned.<br /><br />]

  9. #29

    Re: Trial By Declaration (How To)

    hmm.. i requested for an extension online till March 15, but i went back in to check the status and it still says TBD is due Jan. 7...I'm confused... does that mean i HAVE to appear in court now???

  10. #30

    Re: Trial By Declaration (How To)

    Quote Originally Posted by tinyt288
    hmm.. i requested for an extension online till March 15, but i went back in to check the status and it still says TBD is due Jan. 7...I'm confused... does that mean i HAVE to appear in court now???
    No you dont. Just go back on the 15th of March with your full bail amount and your TBD.
    My wish resigned.<br /><br />]

  11. #31
    Canyon Racer
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    Re: Trial By Declaration (How To)

    got one used trial by declaration many times...always worked till this time.....now can u ask for the document on the officers side as to what happened???
    I&#039;M HERE FOR A GOOD TIME, NOT A LONG TIME.

  12. #32

    Re: Trial By Declaration (How To)

    Quote Originally Posted by dastallion951
    got one used trial by declaration many times...always worked till this time.....now can u ask for the document on the officers side as to what happened???
    I don't think so lol. I will try next year, My TBD is due in February.
    My wish resigned.<br /><br />]

  13. #33

    Re: Trial By Declaration (How To)

    Great info, I could have used this when I was in my civic.. 96 in a 25 is what i was clocked for, She had someone else pulled over, I was in 2nd gear shifting into 3rd, no way I was doing 96 in second lol.. 550~ Fine after everything added up.
    Current owner of:<br /><br />Honda Civic Si 2000<br /><br />Soon to be owner of:<br /><br />Evo IX<br />Yamaha R6

  14. #34

    Re: Trial By Declaration (How To)

    Just used one of these and beat my ticket from Claremont PD. THANKS!!!!

  15. #35

    Re: Trial By Declaration (How To)

    Quote Originally Posted by imprezivevo
    Hay blaze, any word on if this one worked? i wanna try to use it, plus it was a speedtrap
    This one was a confirmed win.
    However, the officer did not contest it.

    But like Vin Diesel says, "It doesn't matter you win by a FTA or at trial. Winning's winning."

  16. #36

    Re: Trial By Declaration (How To)

    Hey guys, how long after you submit your TBD do you get a response from the courts?? I submitted mine on 1/6 but they still have not responded!!!! should I give them a call?

  17. #37

    Re: Trial By Declaration (How To)

    Quote Originally Posted by tinyt288
    Hey guys, how long after you submit your TBD do you get a response from the courts?? I submitted mine on 1/6 but they still have not responded!!!! should I give them a call?
    It should take around one month.
    My wish resigned.<br /><br />]

  18. #38

    Re: Trial By Declaration (How To)

    ok guys ive used one of this letters to the court now it appears that i have a court date do i need to appear in my court date or just ignore it? please help

  19. #39

    Re: Trial By Declaration (How To)

    When you submit your TBD to the clerk, they will give you copies of the paperwork.* Somewhere in your paperwork, you will find a hearing date or court date.* This is the day on which the judge will read your declaration and review any attached evidence.

    You would not need to appear for this.* Not appearing is the main reason people do a TBD.

    If you did not submit a TBD, or you have a ticket that states "MANDATORY APPEARANCE" then you may want to check with the clerk in traffic court to see what's up.

  20. #40

    Re: Trial By Declaration (How To)

    Can someone PLEASE help me....* just received a notice of traffic violation in the mail.* I got nailed by a stupid camera for a right turn.* Violation says "failure to stop at red light".* But the pictures they sent me clearly shows that my break lights were on.* I can't believe this bullshxt costs $446.00, it's not like I committed murder!* Ugh City of Walnut must be poor... but anyway... so how do I fight this?* I wasn't pulled over by a cop or anything.* Does anyone have any Trial by Declaration templates I can use for my situation? =(* I can't believe they would do this to me right before Christmas, I'm broke already!! Someone please help me ~!* Please??
    Good luck fighting this.* My ex tried to fight this in court.* It doesn't matter if your brake lights were on or not, you have to stop for a specified number of seconds before moving.

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