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Old 03-23-2009, 05:22 PM   #1
PONI ETR
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Default Trial by Declaration didn't work

If you're not familiar with this, it's a way to fight a traffic ticket by mail. Theory is that when a cop has to show up in court he gets paid overtime and always shows.
If he has to write his response he doesn't get paid and you hope he doesn't. If so, case dismissed.
I fought a speeding ticket the wifey got using the info on ticketassasin.com and it came back guilty. Guess she got the wrong cop.
Next step is to appear before the judge. I'm told you can still request driver's school and keep it off your record.
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Old 03-23-2009, 05:59 PM   #2
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Quote:
Originally Posted by PONI ETR View Post
If you're not familiar with this, it's a way to fight a traffic ticket by mail. Theory is that when a cop has to show up in court he gets paid overtime and always shows.
If he has to write his response he doesn't get paid and you hope he doesn't. If so, case dismissed.
I fought a speeding ticket the wifey got using the info on ticketassasin.com and it came back guilty. Guess she got the wrong cop.
Next step is to appear before the judge. I'm told you can still request driver's school and keep it off your record.
Hey,

That sucks... I got out of my speeding ticket and three of my buddies did the same with two speeds and a red light ticket...

Best of luck in court...

-Mike
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Old 03-23-2009, 06:51 PM   #3
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Originally Posted by PONI ETR View Post
I fought a speeding ticket the wifey got using the info on ticketassasin.com and it came back guilty.
was she going faster than the posted speed limit?

yeah?.. then the system worked.. deal with it.
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Old 03-23-2009, 11:43 PM   #4
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I'm 4-0 using TBD. Just request a new trial date, odds are the cop won't appear.
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Old 03-23-2009, 11:50 PM   #5
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Yup...request a trial by de novo and hope the office doesn't show up. If he does, throw yourself at the mercy of the court and request traffic school. Good Luck. I'm in the process of Trial by Dec right now also. Fingers crossed. I believe it's a 30% chance of getting off.
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Old 03-24-2009, 12:17 AM   #6
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I believe it's a 30% chance of getting off.
Where'd you get that stat? This thread is the first time I've ever heard someone being found guilty in about 50 cases.
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Old 03-24-2009, 04:10 AM   #7
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Where'd you get that stat? This thread is the first time I've ever heard someone being found guilty in about 50 cases.
"In my experience, about 30% of police officers fail to submit a response to the court by the deadline."

http://www.ticketassassin.com/fight.html

I read this part and figured shoot...I had nothing to lose since I already attended traffic school previously. My coworker lost his Trial by Dec a couple months ago.
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Old 03-24-2009, 06:48 PM   #8
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Was your wife speeding and was the ticket the officer wrote correct?
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Old 03-24-2009, 08:37 PM   #9
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was she going faster than the posted speed limit?

yeah?.. then the system worked.. deal with it.
Your just a bowl of cheerios arent you
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Old 03-24-2009, 09:03 PM   #10
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was she going faster than the posted speed limit?

yeah?.. then the system worked.. deal with it.
Guess there's no use coming here for sympathy.
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Old 03-24-2009, 09:04 PM   #11
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Was your wife speeding and was the ticket the officer wrote correct?
He wrote her for 80 in a 65 (on the 241 toll road), and yes, he used the correct citation no.
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Old 03-24-2009, 09:40 PM   #12
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He wrote her for 80 in a 65 (on the 241 toll road), and yes, he used the correct citation no.
I drive the 241 daily and that's barely keeping up with traffic.

And damn....if they make you pay to use the road maybe they should offer a little leeway also.....
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Old 03-24-2009, 11:20 PM   #13
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I drive the 241 daily and that's barely keeping up with traffic.

And damn....if they make you pay to use the road maybe they should offer a little leeway also.....
I'll make sure she tells the judge you 80+ there every day.
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Old 03-24-2009, 11:44 PM   #14
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dayum!!!!
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Old 03-25-2009, 02:02 AM   #15
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i towed a car back from the bay area yesterday, and all i have to say is, there is a bunch of chp on the road, they are everywhere!!!
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Old 03-26-2009, 11:53 AM   #16
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Originally Posted by PONI ETR View Post
If you're not familiar with this, it's a way to fight a traffic ticket by mail. Theory is that when a cop has to show up in court he gets paid overtime and always shows.
If he has to write his response he doesn't get paid and you hope he doesn't. If so, case dismissed.
I fought a speeding ticket the wifey got using the info on ticketassasin.com and it came back guilty. Guess she got the wrong cop.
Next step is to appear before the judge. I'm told you can still request driver's school and keep it off your record.
Well, your first mistake was beliving that the officer doesn't get paid for writing out his declaration. No one works for free. In fact, in California it's a violation of the Labor Code to allow an employee to work without compensation. The officer is difinitely getting paid by the hour while he/she sits at a desk writing out his/her side of the story. Do you think they do this at home in their spare time? Not hardly.

Secondly, the trail by declaration worked.....you just didn't win.

Thirdly, you cannot request trafic school once you have been found guilty. Traffic school is only an option before your trial.

How do I know this.....22 years law enforcement experience.
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Old 03-27-2009, 06:03 PM   #17
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Well, your first mistake was beliving that the officer doesn't get paid for writing out his declaration. No one works for free. In fact, in California it's a violation of the Labor Code to allow an employee to work without compensation. The officer is difinitely getting paid by the hour while he/she sits at a desk writing out his/her side of the story. Do you think they do this at home in their spare time? Not hardly.

Secondly, the trail by declaration worked.....you just didn't win.

Thirdly, you cannot request trafic school once you have been found guilty. Traffic school is only an option before your trial.

How do I know this.....22 years law enforcement experience.
Off the subject, but you got me going..........
Most people are anaware that off duty cops drive around with get-out-of-jail-free cards----their badges.
Get pulled over for an infraction? No problem. Just flash your badge to your brutha and presto, you're on your way.
How do I know this......? A good friend is retired Buena Park PD. He does it all the time. Also says the motorcycle cops are d*cks.
I'm just one of the unwashed masses trying to work the system in a way cops don't have to.
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Old 03-27-2009, 06:07 PM   #18
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Originally Posted by Merlin02 View Post
Well, your first mistake was beliving that the officer doesn't get paid for writing out his declaration. No one works for free. In fact, in California it's a violation of the Labor Code to allow an employee to work without compensation. The officer is difinitely getting paid by the hour while he/she sits at a desk writing out his/her side of the story. Do you think they do this at home in their spare time? Not hardly.

Secondly, the trail by declaration worked.....you just didn't win.

Thirdly, you cannot request trafic school once you have been found guilty. Traffic school is only an option before your trial.

How do I know this.....22 years law enforcement experience.
Hey Merlin, since you were a LEO, does an officer get in any trouble if he just doesn't respond. I know there can be ramifications from higher if he doesn't show up in court to defend his citations...but does the same go for not writing out responses to TBD's? Thanks.
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Old 03-27-2009, 07:54 PM   #19
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In Oceanside...you probably know my brother...lol. Most O'side PD and Vista sheriffs did. He finally cleaned up his act..Sorry to hijack..
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Old 03-27-2009, 11:48 PM   #20
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Originally Posted by Merlin02 View Post
Well, your first mistake was beliving that the officer doesn't get paid for writing out his declaration. No one works for free. In fact, in California it's a violation of the Labor Code to allow an employee to work without compensation. The officer is difinitely getting paid by the hour while he/she sits at a desk writing out his/her side of the story. Do you think they do this at home in their spare time? Not hardly.

Secondly, the trail by declaration worked.....you just didn't win.

Thirdly, you cannot request trafic school once you have been found guilty. Traffic school is only an option before your trial.

How do I know this.....22 years law enforcement experience.
This is incorrect, you can still get traffic school after losing a TBD, you can have another trial at which if the officer shows up you can plead guilty and request traffic school.
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Old 03-27-2009, 11:48 PM
 
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