Depending on your circumstances, you might qualify for a trial by declaration. Trial by written declaration is an alternative if your offense meets certain qualifying standards: Your ticket is not delinquent; your violation is not a misdemeanor; non-correctable violation bail is collected; and correctable violations have been verified with proof of corrections.
While you can request a trial by declaration in person at the court house listed on your ticket, you can also send your request by mail to the court address at the time you send in the bail amount. The next step is to write the statement that you’ll send to the court. Your own statement should sufficiently explain the circumstances that led to you receiving the ticket, and it may also contain evidence. The following types of evidence are permitted: diagrams, photographs, medical records, receipt for car damage and repair, and any documents of registration, inspection, or insurance. The officer who wrote you ticket will also be notified to submit a statement (Officer’s Declaration) of their own side of the facts.
These written declarations and evidence will be reviewed by a judicial officer. The case is not heard in open court. If you are successful at presenting your case or having the matter dismissed, your bail money will be refunded. However, if you fail to convince the judge and are found guilty, you’ll still need to pay the fine and your driving record will retain the corresponding points and conviction information. At that time you have the option to request a new court trial as well.
So why contact a knowledgeable traffic attorney about a trial by declaration? Expert legal advice could make the difference between receiving a verdict of not guilty rather than guilty. You’ll have a much better chance of success if your trial by declaration statement is written by one of our attorneys or traffic experts. Our rates for written trial by declaration statements are cheaper than our in-court attorney services, and this may be ideal for those who wish to contest their ticket without spending the money for an attorney.
We deal with the complex technicalities of the law every single day, and have been for years. Given the intricacies of the trial-by-written-declaration process, a qualified traffic attorney can help you at each step. We have proven results helping our clients get a reduction or even a dismissal of their traffic violation. Even if your trial by declaration is denied, our attorneys can fight even further on your behalf by requesting a trial de novo and appearing for you in court. You’ll want our experience on your side when you make the decision to contest your ticket.