10 Do’s and Dont’s With a Trial By Declaration

Filing a trial by declaration may be a good option. In California, filing a TBD allows you two shots at winning your ticket, first by paper, and second by live trial.

If you are going to file a TBD, make sure it’s complete and complies with the following 10 DO’S AND DONT’S WITH A TRIAL BY DECLARATION:

  1. DO Post Bail – CVC 40902(b) requires that if you want to contest your case by mail, you must deposit bail.
  2. DO Send It On Time – Judges are notoriously finicky. You don’t want to be found guilty simply because the judge was a stickler for time.
  3. DON’T Admit Guilt – As much as you want to say you’re guilty but that you are a good person with a good explanation don’t ever admit that you committed a violation (even 67 in a 65 zone is still a violation). The problem is as interesting as you think your story is, judges just don’t give a hoot about you or your problem. Judges know the law and simply determine the facts from the submitted declarations and determines whether the established facts were in violation of the law. When you go claiming that you did speed or did cross the line abruptly the judge stamps it with a guilty all because you established the fact and the proof of the violation.
  4. DO Ask For Traffic School – Traffic School is great, but if you don’t ask for it the judge is not going to assume that you want it. Make sure it’s in there. I always start mine out with “In the alternative, should the court find me guilty, I request that traffic school be granted for the following reasons…”
  5. DO Handcraft an Argument
  6. DO Demand that the Officer Meets the Burden of Proof
  7. DON’T Give Excuses
  8. DO Back Assertions Up With Documents
  9. DO Keep it Short
  10. DO Keep Your Address Current with the DMV
  11. DON’T Use an Legal Document Assistant Service to prepare your Written Trial By Declaration

Trial by Written Declaration

Fight your case from the comfort of your own home.

Attorney Advantage

Hiring an attorney to defend your traffic ticket may mean the difference between a conviction and a dismissal. With high fines, DMV points and your license at stake, you need an experienced traffic law firm to handle it. Our traffic attorneys are the best in the business because:

Knowledgeable

We know the law and procedure that govern traffic law and traffic courts. We use the knowledge we've gained to get an advantage in court. Knowing the right legal maneuvers may mean the difference between a conviction and a dismissal.

We go to court for you

Under Penal Code 977 we can make all your court appearances without you having to be present. In most cases, you will never have to go to court. We appear on your behalf and represent you to the fullest extent of the law.

Cost effective

Hiring an attorney doesn't have to be expensive. Our fees are reasonable because we have designed our business to be efficient. Many clients actually save money because they have hired our law firm.

Address

California Ticket King, PC 3990 Old Town Ave., Suite C105 San Diego, California 92110

Contact us

Phone: 619-708-2073
Email: info@caticketking.com

THIS IS AN ADVERTISEMENT FOR LEGAL SERVICES
The attorney responsible for this advertisement is: Scott B. Hullinger. Principal office is 3990 Old Town Ave., Suite C105, San Diego, California 92110. Statement of Clients' Rights: Please note that you are not considered our client unless you have signed a retainer agreement and your case has been accepted. Prior results do not guarantee or predict a similar outcome with respect to any future matter.