Trial by Written Declaration Success Rate
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It’s not possible to accurately state the average success rates for written declarations. The reason is that the only place this information exists is in the California Superior Court system. To date, this information has not been released.
A trial by written declaration will allow you to fight a traffic ticket in California without the need to attend a court appearance. This can be completed by requesting the right form from the applicable court. When completing your written declaration it is important to include all the relevant information about your case.
It’s also worth noting that despite there being no information about the success rate of written declarations, there’s every reason to explore this option. The reason for this is that if your written declaration is not successful and you are found guilty you can continue to fight the ticket with a new court trial. This is referred to as the “trial de novo.”
Traffic court is the only court where the defendant can opt to try the same caught twice. It is worth taking advantage of this option as traffic fines in the state of California are some of the most expensive in the US.
What Impacts Your Chances Of Success With A Written Declaration?
Your chances of success with a written declaration can be impacted by a variety of different factors. For instance, you need to make sure that you do choose the right legal professional to help you complete this process.
While it is not possible to find average written declaration success rate statistics, legal teams often do have information on their level of success in cases like this. As such, you should make sure that you are requesting this information before you commit to using a specific service.
Usually, you will find that certain violation codes have a higher level of success compared to others. For instance, violation code 2818 could be significantly greater compared with 21453(b). The reason for this is that some types of traffic tickets are more difficult to contest, regardless of the evidence.
You should ask the legal service about their success rates for the specific violation code that you have received.
Another factor that could impact your chances at success here is whether you complete this process the right way. For instance, it’s important to make sure that you complete a written declaration using the forms that can be obtained from the court. If you don’t use the right form, then you will need to make sure that you declare that any information you provide is honest and true. You will also need to ensure that you sign and print your name on the form and detail any evidence that you have included as part of your written declaration.
Do be aware that you can include as much evidence as you like in a written declaration like this. You might want to think about including pictures, diagrams and anything else that might be suitable in helping you with your case.
It’s also worth being aware that an officer can respond to your trial by written declaration. They can complete their own declaration that could differ from your account of the events that led to you receiving a ticket. This can also impact your success rate with a trial by written declaration.
Can You Still Choose Traffic School As An Option If You Are Found Guilty?
If you are found guilty with a written declaration then the option of traffic school will usually still be on the table. However, as is true in all cases, this will be at the discretion of the judge. Your choice to use a written declaration will not typically impact this. The court will almost always allow traffic school even if you are found guilty. Usually, this information will be sent out with the guilty verdict.
It’s worth noting that attending traffic school will not limit the short term costs of your traffic ticket. Instead, it can add to them because you will need to pay for the cost of attending the school. What it can do is allow you to mask any DMV points that are added to your license as a result of the traffic ticket. This means that you won’t have to deal with the cost of your insurance premium increasing. Do be aware that the impact on your insurance premium of receiving a traffic ticket in California can be significant. This will usually depend on the traffic violation in question.
Steve has been leading the fight against traffic tickets for over 22 years and is the CEO/President of GetDismissed, a service that empowers California drivers with traffic tickets to fight back without going to court. As a thought leader and business entrepreneur, Steve has also been featured on TV, Radio, Print, and Online as a traffic ticket expert talking about such subjects as distracted driving, contesting traffic tickets, traffic ticket myths, traffic ticket tips, traffic law, and more. Steve is a published author, releasing his first book in 2011, and now has four books regarding fighting traffic tickets which can be found on Amazon. Read More…
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Photograph your ticket & license.
*If you don’t have your ticket handy, it’s okay — you can still start the process and just add it later!
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Provide info through guided questions.
*Be sure to quickly add as many notes about the stop as you can so you don’t leave out any important details!
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Sign & send your defense to court.
*We will send you a completed packet for the court that just needs your signature and a stamp!
What Types of Tickets Do We Help With?
GetDismissed produces results in fighting all kinds of tickets. Unfortunately, this list does not include exhibition of speed citations. Your best bet in fighting one of these infractions, is to contact an attorney. An attorney can negotiate on your behalf to try and reduce fines, or even to reduce the charges to a lesser infraction which could possibly qualify for traffic school.
We do however, contest infractions revolving around speeding, red lights, red light cameras, cell phones, signs (primarily stop signs), carpool violations, U-turns, out of lane violations, and commercial violations. If you receive a citation and have questions, contact us today.
