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

Wednesday, February 29, 2012

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.