Need to Fight a California Traffic Ticket? Another Advantage to Living in California
If you are visiting this page, chances are you recently received a ticket and want to fight it. If that ticket you want to fight is a California traffic ticket, you are in luck. California is one of the only states that allow you to fight a traffic ticket using a “trial by declaration”. Here are the specifics as published by the State of California:
Here is the California Law (Vehicle Code Section 40902) that allows trial by declaration:
40902. (a) (1) The court , pursuant to this section, shall, by rule, provide that the defendant may elect to have a trial by written declaration upon any alleged infraction, as charged by the citing officer, involving a violation of this code or any local ordinance adopted pursuant to this code, other than an infraction cited pursuant to Article 2 (commencing with Section 23152) of Chapter 12 of Division 11.
(2) The Judicial Council may adopt rules and forms governing trials by declaration in accordance with this section. Any rule or form adopted by the Judicial Council pursuant to this paragraph shall supersede any local rule of a court adopted pursuant to paragraph (1).
(b) If the defendant elects to have a trial by written declaration, the defendant shall, at the time of submitting that declaration, submit bail in the amount established in the uniform traffic penalty schedule pursuant to Section 40310. If the defendant is found not guilty or if the charges are otherwise dismissed, the amount of the bail shall be promptly refunded to the defendant.
(c) Notwithstanding Division 10 (commencing with Section 1200) of the Evidence Code, the rules governing trials by written declaration may provide for testimony and other relevant evidence to be introduced in the form of a notice to appear issued pursuant to Section 40500, a business record or receipt, a sworn declaration of the arresting officer, or a written statement or letter signed by the defendant.
(d) If the defendant is dissatisfied with a decision of the court in a proceeding pursuant to this section, the defendant shall be granted a trial de novo.
Confusing isn’t it? This is where we come in. Our experts will need a small amount of information regarding your traffic ticket (easily submitted using our online form), and will then need to have a brief call to collect your statement. That’s it! We complete the rest of the process for you under our unique filing service (see associated charges). We are experts at one thing - helping you fight California traffic tickets and we do it well. We understand all the nuances to filing a trial by declaration and can walk you through the whole process regardless of your violation.
NOTE: As the law states, defendants are required to prepay their ticket (which acts as bail) and are refunded their money if found not guilty. In addition, it is important to note that if a defendant is found guilty they can request a “trial de novo” or new trial. This wipes the slate clean and allows the defendant a second chance to prove his or her case, this time in court.
So if you have received a violation and want to fight that California traffic ticket, please contact one of our experts at 800.850.8038 or explore this site in more detail, www.FightTrafficTicketsOnline.com, a service provided by Ticket Busters of California (TicketBust.com).
