3rd draft-Process Essay "Exonerated"

Debbie Suer
Joel Murphy
English 51
14 March 2009
Exonerated
Have you ever been pulled over by a motorcycle police officer? Did he write out your speeding ticket and just drive away, leaving you with a feeling of embarrassment, shame, anger and bewilderment? One particular experience I had has changed my attitude. I can tell you all about how to contest a traffic ticket, win and even get your money back.

First, try to look very sad when the officer pulls you over. Do not get angry. Do everything he asks in a very cooperative manner. Show some remorse, sadness and the willingness to comply, and at this point, you can even start to shed a tear or two. If you are lucky, the officer will give a little hint (as he did in my case). He told me not to worry and that everything will be fine. Just read the back of the ticket very carefully and do everything it says to do about requesting a trial by declaration. “Vehicle Code section 40902 allows a defendant to contest a citation in writing without having to make a personal court appearance.” This procedure is called a “trial by written declaration”.

Next, a letter must be written to the court in reference to your citation number stating that you are contesting the violation by way of requesting a trial by written declaration. An important statement that needs to make in this letter is that if the judge feels it necessary to find you guilty, you want to request the right to attend traffic school. Physically bring this letter to the county clerk and pay the fine. The clerk, at that point, will give you the necessary paperwork to contest the ticket.

Once you have that form, fill it out completely, sign it and attach your written statement of what exactly happened along with any descriptive photographs or diagrams you want to include as evidence. For example, the speed limit sign (if one was posted), weather conditions, street grading (if there was a hill), and if there were any cars in front or behind you. These factors can help your case, to prove there was reasonable doubt. Your written statement must include the following legal language, “I declare under penalty of perjury that this statement is true and correct.” Each written statement and proof of evidence must be signed and dated (these statements are called “declarations”).

One last trip to the courthouse is necessary. After the clerk receives the declaration, the clerk will notify the officer who issued the citation. The officer will be given the opportunity to submit his declaration regarding the citation, by a specific date. Now you wait with anticipation and hope that the officer will not respond in time, or at all. Once that date has passed, the court will notify you by mail of its decision.

Experience has shown that most motorcycle police officers do not take the time to do all the above necessary steps. As time passes, the judge will most likely rule in your favor. This process will take some time, patience and diligence on your part, but your efforts will pay off in the end, as it did in my case. Once that long awaited envelope comes in the mail, carefully open it up and you might just be as surprised as I was, by finding a check and the words “Exoneration $167.40. One (1) count dismissed in the interest of justice. Infraction hearing concluded. Hearing disposed. Defendant released.”

This gave me such a feeling of exuberance and pure satisfaction that my hard work and perseverance paid off. So if a motorcycle police officer ever pulls you over for a speeding ticket, try not to overreact and maybe you too can beat the system by being careful to read everything on the back of the ticket and do everything in your power to try and contest it without appearing in court, as I did.