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 lodge a complaint, win and even get your money back.
First, you need to look very sad when the officer pulls you over. You cannot get angry. Do everything he asks you to do in a very cooperative manner. You do need to show remorse,
sadness and the willingness to comply, but you can at this point now start to shed a tear or two.
If you are lucky, the officer will give you 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”
Now you need to write a letter 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 you need 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. You need to physically bring this letter to the county clerk and pay the fine. The clerk, at that point, will give you the necessary paperwork to fill out stating your case.
Once you have that form, you 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. Your written statement must include the following language. “I declare under penalty of perjury that this statement is true and correct.” You must sign and date each written statement (these statements are called “declarations”).
After the clerk receives the declaration, the clerk will notify the officer who issued you the citation. The officer will be given the opportunity to submit a declaration regarding the citation by a specific date. You will be notified by mail of the court’s decision.
Experience has shown that these 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. It will take some time, patience and diligence, but your efforts will pay off in the end, once you get that long awaited envelope in the mail. You carefully open it up to find a check and the words Exoneration $167.40. One (1) count dismissed in the interest of justice. Infraction hearing
concluded, hearing disposed. Defendant released.
Wednesday, March 4, 2009
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