OK... so 5 yrs ago I got a traffic ticket from a cop on a fishing expedition. On the advice of a co-worker (who claims he is 4-for-4 in getting off tickets), I filed a request for a trial by written declaration. Lo and behold, it worked! Got off the ticket and (eventually) got my money back.
For those who don't know, apparently as long as your court appearance is OPTIONAL, you can request a trial by written declaration. It works on the premise that the officer does NOT get paid to fill out the paperwork for this trial, so they tend not to respond and you get off with "no prosecution".
Fast forward to now. About 2 months ago, the wife got a ticket (some sort of red light violation (not coming to complete stop on right turn)). Again, it was clear the officer was on a fishing expedition and probably wrote a few dozen tickets at that spot that day. Most people are pussies and won't fight a ticket, so I figured he wouldn't care if one or two slipped through the cracks.
Anyway, yesterday I got the paperwork back... verdict was guilty(!). So the process is clear, file for a trial de novo and show up at court. The officer DOES get paid to show up at court, but if for some reason the officer fails to show, I win. If he does show, I (my wife actually) trys to get he judge to let her go to traffic school. The judge doesn't have to do this, but I hear if you are nice to him, he will usually let you.
Now... here is the funny thing. The original ticket was for $ 456 (no kidding! Highway robbery (literally)). But after the guilty verdict in the trial by written declaration, the fine for the ticket (including fees) was cut in half to $ 228!
So, questions:
1) has anyone here done the trial de novo thing? Please let me know how it turned out.
2) $ 228 in savings is not chump change. The traffic school would've cost $ 495. So, given that I've already saved $ 267 over going straight to traffic school, should I just cut my loses and accept the verdict? I guess the real question is how much will my insurance go up per year with this ticket on the record? Anyone have some ideas about that?
BTW, this is in the state of California
Answer by TB
How does traffic school cost $ 500? I think mine costed like $ 50. That was one hell of a ticket thought. Good luck.
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Orignal From: traffic ticket - need advice?
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