I rest my case

It's not easy to read, so I'll tell you what it says: not guilty.

I love it when things work out.

You'll recall back in January, I posted about the fact that I went out and treated myself to a nice new speeding ticket since I hadn't had one in awhile. In that post I mentioned I was going to wish it out to the cornfield by taking traffic school.

That was until I found out the fine was $360. Then I posted about how I was going to stand up to the system, fight the man and take my battle to the courtroom - figuratively speaking.

Just to refresh your memory, I fought the ticket using a little known loophole called Trial By Declaration. Basically you write your side of the story, submit it to the court, then they wait for the officer to write his side and submit it (which they usually don't do, because unlike appearing to fight you in court, they don't get paid extra for the additional paperwork - that comes out of their time). The other thing about it is that if the decision doesn't go your way, you have twenty days after receiving it to request a court appearance where you can ask for traffic school.

In my country, we call that a win-win.

So yesterday, I got this verdict in the mail from the court. Oh, did I mention not guilty?

Today, I drive as a vindicated man, knowing that wherever that officer who gave the citation is, the shoe is finally on the other foot.

Of course my shoe still has lead in it. But we'll keep that between ourselves.

ADDENDUM: There seems to be some confusion about whether I was actually not guilty, or got off on a loophole. The Trial By Declaration is not a loophole (probably shouldn't have used that word to describe it), but a lesser known and not at all publicized way of fighting a traffic ticket. According to the Basic California Speed law, which states "No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property." I was not guilty by the states own definition. Don't think less of me just because I played by their rules. There are plenty of better reasons to think less of me.

School's out

So remember my post about getting a speeding ticket? In it, I said it was my comeuppance for all the times I was speeding and didn't get caught. I was going to pay the fine and go traffic school and that would be it.

That was before I got a letter from the court saying the fine was $360 - before the additional traffic school fees. For those of you keeping count, that's $22.50 for every mile over (you do the math).

There's paying the ticket then there's surrendering to state-sponsored extortion in the form of outrageously exorbitant traffic fines for only 16mph over the speed limit (there, I did the math for you).

After getting the letter, I immediately went online to see how I could fight the ticket. What I found was no shortage of websites specializing in helping beat the ticket. These sites, like the dog-walking companies I've posted about, have names that try a little too hard to convey exactly what it is they do.

The problem with almost all of them is that they charge more than the fine to make the ticket go away. And there's no actual guarantee they'll be able to do it.

But after a little further research, I found what I was looking for. And I found it, of all places, in a forum on the Southern California Subaru Impreza Club site.

Buried deep in the small print on the back of the citation is something called Request For Trial by Written Declaration. Basically I go to the courthouse, post the fine as bail, then get a form to fill out and make my case. Then I send it back into the court. When I request a TWD, that means the officer who wrote me up now has to write up his side of the story and submit it to the court as well. Neither of us have to appear.

There are two great things about that. First, when an officer comes to court to testify against you, he gets paid between $200-$300 extra. When he has to respond to a TWD request, he doesn't get paid anything extra. And since the last thing any officer wants is more paperwork, a high percentage of times they just blow it off entirely.

Second, it's writing. And not to sound like it's gonna sound, I'm pretty good at it.

If the judge decides in my favor, the case is dismissed and my fine/bail is refunded with 60 days.

Here's the great part: if it doesn't go my way, within 20 days of receiving the decision I can request a courtroom trial where I can plead not guilty, or request traffic school. If I don't like his decision, I can have another go at it to make it come out the way I want.

It's the very definition of a win-win.

So yesterday, I went downtown, posted the bail and got the form. I waited in a long, long, long line for the traffic court window. I couldn't help but feel out of place due my obvious lack of tattoos and passable grasp of the English language (on both sides of the counter).

On the Subaru site are examples of successfully written TWD's. I'll use one of those, edit them with the facts of my case, clean up the writing a bit and send it on in.

And I'll do it the only way I know how. Fast.