trial by written declaration with a stop sign?

Question

from experience, how many of you have done a trial by written declaration and had the cop not had time to do the paperwork so therefore the court sent it back with not guilty and you got your money refunded? i stopped, but apparently not as long as i thought i did, but i didn't count to 3 seconds, which is how long you're supposed to stop in CA i believe. i know i came to a complete stop.i do not feel like going to trial and dealing with cops, because it's a 17 year old girl's word against a cop's, i won't win. so tell me, what are the chances of the cop not responding to the trial by written declaration?

and if the court does send back guilty, can i just pay the fine and move on? or is it increased and i have to go to court, etc.? the whole point of this is that i do not want to deal with a lot of legal stuff. thanks

Answer 1

A trial by written declaration is NOT available in CA if you're a minor. You have to go to court, *and* have a parent accompany you.

If you send in the papers, they'll be returned to you.

When you go to court, you either plead guilty, in which case the judge will let you give a brief explanation then give you a fine and a date to pay it by, or you plead not guilty, and he sets a trial date.

If you go to trial and the cop doesn't show, the judge "may" dismiss the ticket, but it's more likely he'll just set a new trial date. If the cop doesn't show up for the second trial date, the ticket will almost certainly be dismissed.

Richard

EDIT:
I just checked something, and the ban on written trials for minors is a court rule, not a law. In some court districts it *is* allowed, with written permission from the parent or guardian. For a stop sign violation, though, it's pointless - you WILL be convicted. Might as well just go in. Judges usually give a lower fine than the "book amount", but in a written case they don't. Take a morning off, and save yourself some money.

Answer 2

you're able to consistently bypass to court docket and attempt to plead not responsible in front of a choose. you would be waiting to take heed to the officer's clarification of why he stopped you and why he issued you the quotation. If issues exceeded off as you're saying, i could stress that right here in California the regulation states you're required to provide up ten ft in the previous the cut back line. in case you probably did that, and then braked, you're able to be interior the sparkling. examine vehicle code section 22450(a) for extra. pictures of the intersection consistently furnish help to argue your case and coach issues out of your attitude. evaluate this however: many each and every person is decrease than the fake effect that cops write tickets by using fact they have something to earnings out of it. in maximum circumstances that's not the fact. So, do not bypass in to court docket arguing the officer is mendacity, merely clarify how his/her thought of the unquestionably difficulty might have been distinctive from the fact. tell the choose the officer became well mannered and expert and you probably did not argue with him on scene (if that's the case) and clarify you recognize the way he might have made the comparable mistake. additionally, asking to be certain what number tickets are written at that distinctive intersection for the comparable violation might help coach this may well be a hassle-unfastened difficulty by using situation of the site visitors alerts. i could return to the scene and videotape for an afternoon (i realize it style of feels like a number of of artwork) yet see what number people do the comparable element, movie it out of your attitude, and then movie it from the officer's attitude. merely remember, the greater artwork you place into this, the greater probably you're to have the cost ticket thrown out. dropping a cost ticket would not disillusioned an officer, I fairly have had many thrown out. What irritates me is while somebody assaults my integrity. An officer's integrity is the only element he has that instruments him/her different than for everybody else. A choose is far less-liable to have faith you over an officer by using fact, in my adventure, an officer has no reason to manufacture the allegation; defendants have a financial loss at stake. Quotas have been made unlawful so officers does not have any justifiable reason to manufacture site visitors violations. Regards, -Robby

Answer 3

http://answers.yahoo.com/question/index?qid=20070721164917AAR7MJ5&r=w#OqNIW3XpKnWpmuLMkbiE

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