hahaha, touche.


I blame ROCNDAV for the pics comment.

 

hahaha. Sorry guys.

OK, back on topic. Tuesday I'm going to ask for an extension for one ticket, then Wednesday for another

 

Yeah well it is expected as soon as you say I am a chick on this kind of forum it is like a deer in hunting clothes at the start of hunting season that says Im a dear and takes off it's clothes, that deer is now fair game. Same principal here, except the pictures are of her clothed... thank god, lord knows what some one might do if she was nekkid, a couple computer monitors would be messed up and some guys would have some extra hair gel.

 

Well I went to court today for my Speeding ticket. I have extended it all that I could online. I went to court today to ask for an extension and the judge wouldnt allow it. I pleaded not guilty to the 3 counts (speeding, unafe lane changes, no insurance). I showed that I did have insurance at the time of the ticket and that the ticket was mailed to the wrong address.

The judge was telling the person before me that no letters of declaration are allowed at this point, only court trials. So they dropped my fine to $411 (was >$1000). I told them I couldn't pay today, so I have until 3/4 to pay the fine. I wasnt told when my court date will be. Now it looks like I have to sell my Kooks LTs

 

explain what you mean by letters of declaration are not allowed at this point?

as far as I know... that's your right...

 

What I understood was if you were pleading not guilty, you were asking for a court trial.

 

correct.... "trial by written declaration"

something about that sounds odd there...

 

So I got another speeding ticket recently.

My court date was the 5th, I had to go (in person) to the court house yesterday to request a continuation and the judge gave me another 2 weeks. You can't do it over the phone, some form you fill out has to be approved by the judge.

However, trial by written declaration isn't allowed in Arizona I read somewhere.

So... basically.. whats the usual procedure in court? I just claim not guilty and hope for the best? Its $155 dollar ticket (54 in a 45) which was actually 63, but I was honest and he gave me a break.

 

Hope the cop doesn't show if he doesn't show then well you get off scot free.

 

What court house were you at? I have one coming up at the Purdue courthouse near Santa Monica.

also from: http://www.motorists.org/blog/trial-...oing-to-court/


1) 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.

As the law states, defendants are required to prepay their ticket (which acts as bail) and are refunded their money if found not guilty. Also, it’s 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.

I especially like this last part keep on fighting!

Edit: Just read tons of good info here www.mothercopper.com it says "IMPORTANT: You must request with the clerk at least ten (10) days before your Arraignment for Trial By Written Declaration. If you don't, by default, the Judge will assign an in-person court trial for you immediately during Arraignment"

 

Well, CHP didn't show to court, so my case (2 pts) was just dismissed.

 

sweet!

 

Go Dave, congrats man, stick it to the man.

 

Thanks. I even made out a little flowchart. if he goes down this path, I'm going to ask this and this. if he responds with this or that then I ask this or that. Didn't have to use it.

 

In the computer nerd world that would be a whole lot of if then statements to make a complete program from responses from the user.

 

I'm glad he didnt show. I had some "dont know what the eff to do if he goes down this path"

 

Do like from grandmas boy.. error do not compute... will you sit on my face.. LOL

 

lol. I hated that guy!

 

I will be asking for an extension in a couple days. I will let you guys know how it turns out, I hope this **** gets dismissed.

 

Well I got my extension, they gave me 1 month. I will keep you posted on what happens next