加州TRAFFIC罰單的另一種處理方法

Sorry typing chinese is such a pain for me... This is from a recent case that I fought and won. I would like to post it here for your reference.

All the time when you get a ticket, there will be a date on the ticket for your court appearence. Many folks that want to fight the ticket would expect the cop will not show up. that is typically not the case, since they intentionally put a date there for most of the tickets they give, plus they get overtime pay if they go to the court. There is another way, you can use "Trail by Declaration". The great thing about this way is first you don't need to go to court, second, the cop is required to write back to the court why the ticket is issues based on your letter (see step 2 below). Most likely after a long day patrol, they don't like to use their personal time to do this without pay :-) I put some steps below for your reference. not all the states allow that, but California does. You can find more details doing a google search.

Step One: Submit a Written Not Guilty Plea. To contest your citation without court appearance, you must first send the court a Written Not Guilty Plea. In the Written Not Guilty Plea, you should also request a Trial by Written Declaration to avoid the inconvienence of a court trial. You must include the full bail amount indicated on your "courtesy" notice when submitting a Written Not Guilty Plea. If you mail your plea, it must be postmarked at least five days prior to your appearance date via certified or registered mail. This appearance date is indicated on the bottom of your ticket. If you have less than five days left before your appearance date, you can still deliver your Written Not Guilty Plea to the court in person. I did mine in person and got a receipt onsite which shows that they received it and it will proceeded as "Trail by Declarition".

Step Two: Upon receipt of your Written Not Guilty Plea, the court will send you a blank TR205: Trial By Written Declaration form ( I got mine onsite since I dropped my plea in person). Fill this out, with the attached info specifically for your case (you can explain why it is not your fault, or why the ticket is wrong. Add pictures if you can, and dont be emotional on the letter). Once you finish the TR205 together with your letter as above, you will need to send back to court or drop it.

Step Three: Wait for the court decision. If you win, your deposit will be returned to you. If you lose your Trial by Written Declaration case and want to continue the fight, all is not lost. You have twenty days to demand a new trial by sending in a Trial De Novo form. This new trial is a second opportunity to win your case with an in-person court trial. A Trial de Novo is a legal right in Written Declaration cases only. You might get luck that the cop won't be there since this is not the date he scheduled, but the court does.

所有跟帖： 

• Thank you very very much. You are sooooo nice. -javaking- ♀ (79 bytes) () 02/25/2009 postreply 12:39:24

• not entirely true -jh87- ♂ (367 bytes) () 02/26/2009 postreply 22:42:04