Showing posts with label trial by declaration. Show all posts
Showing posts with label trial by declaration. Show all posts

Saturday, May 5, 2012

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.