Geo. MCCalip
http://www.helpigotaticket.com/

Trial By Declaration (TBD)

The following FAQ is based on information I’ve leveraged from the Internet.
It should serve as a step by step guide taking your through the process of
accepting a ticket, requesting the TBD, and what to spend your money on after
you’ve won. I have personally sent in similar declarations and won my cases,
so I know the process works.

Getting a ticket

Okay, this is the easy part. Go out and commit a moving violation in front of
a cop. Go on, you know you want to…. When a cop pulls you over, you need to
remember a few things that may help defuse the situation. Most of these are
self explanatory.

1. Signal, then calmly move into a safe parked location.
2. Turn off your car. Forget about letting your car idle down. Turn it off.
3. If it’s night time, turn on your dome light so that the cop can see what
you’re doing as he approaches the car.
4. Have your window down and your hands either on the steering wheel or out
the window with your keys in hand.
5. Be polite, but do not admit any guilt. The cop may or may not be a dick.
If he/she is, just take it up the ass for now, because it will help you
greatly later if he/she does not have something to remember you by (ie your
smart ass mouth).

Okay, you did it! You got a ticket. I hope it was worth it. No lets get you
off the hook.

Requesting a Trial By Declaration

There are two ways to request a TBD. Depending on where in the world you are
located you may want to write into the courts and formally request a TBD. You
can download the request forms online. I suggest you send everything
certified mail so that you have a record of it. The second, easier way is to
wait until you get your summons in the mail, then walk into the court house
during off peak hours, find the clerks office and request it in person.
He/She will give you everything you need and send you on your way.

Note: In order to perform a TBD, you will need to pay the bail in full prior
to continuing the process. So, if your ticket was for $170.00, you will need
to bring in a cash, check or money order either to the clerk’s office or
enclosed in your TBD request packet.

Writing the declaration

This obviously is the most important part of the TBD. There are a few things
to understand first before getting into the meat of the declaration. First,
if you had decided to plead not guilty and appear in court in person,
officers are paid overtime to appear in court against you. So obviously they
are motivated to do so. Also if you are appearing in court, the officer and
judge may already have a repore that may work against you. Also a number of
other things can obviously go wrong if you show up in person. With a TBD, on
the other hand, the police are not paid anything extra. In fact, it’s just
more paperwork for them. There are smart cops as well as dumb ones as you may
have guess. But none of them are lawyers. My point here is that if/when they
write in their side of the story; they may not be as well spoken as you. All
of this will ultimately work in your favor. Do you no speaka de ingliss good?
That will no longer be a problem, just use on of the examples at the end of
the FAQ. You’ll need to change the names, case number and some other misc.
information, but by far, these should be versatile enough for most of your
scenarios.

Once you’ve got all your paperwork together, you can walk it in to the court
or mail it in. If you choose to mail the documents in, I again advise that
you do so by certified mail.

The Waiting Game

Now that everything is set in motion, it’s time to wait. The officer is
given notice of your intent to conduct a TBD and he’s given ample time to
respond. You will be notified of the court date (don’t worry you don’t have
to appear) when the declarations will be reviewed. Following that you’ll be
notified several weeks later of the outcome. Following that, you’ll wait
another 60-90 days to receive your check from the state refunding your bail.

What if the cop is a genius and I loose

Yeah right.

Okay, let’s say you ignore the examples and choose to write the declaration
in Egyptian Hieroglyphics and using a purple crayon (un sharpened). It’s not
the end of the world. Fortunately you will be given a second chance.
Quote:
40902. (d) If the defendant is dissatisfied with a decision of the court in a
proceeding pursuant to this section, the defendant shall be granted a trial
de novo.
To request a trial de novo you need to submit (in person or by mail) a Form
TR-220. This is available online as either a blank form or a fillable form.
The TR-220 must be received by the court within 20 days of the date the clerk
mails you the decision.
Once you have requested a trial de novo, you will need to prepare for your
trial (unless you intend to enter a plea of "No Contest" or ask for traffic
school).

Statement of Facts

Please feel free to use the examples below in your trial by declaration.
Obviously you will need to change the names, case number and other key
information. However the format and verbiage of at least one of these should
be well suited for your needs.


Example 1

STATEMENT OF FACTS

Defendant's Name: Simone De Beauvoir
Case No.: S780824

I respectfully submit this written declaration to the Court pursuant to CVC
40902. I plead Not Guilty to the charge of violating CVC 22350.

The facts of my case are as follows: While driving on Sorrento Valley Road on
10-21-99, I was stopped by a SDPD Officer (I.D.#1234) and was charged with
violating CVC 22350. The Officer has alleged that I was driving 62mph in a
45mph zone based on Radar evidence. I believe that I was driving
approximately 50-55mph at the time of my stop and that my speed was quite
safe for the prevailing conditions.

The Basic Speed Law, CVC 22350 states: "No person shall drive a vehicle upon
a highway at a speed greater than is reasonable or prudent having due regard
for weather, visibility, the traffic on, and the surface and width of the
highway, and in no event at a speed which endangers the safety of persons or
property."

At the time of my stop, the road was dry and clear with light traffic. On my
citation, the officer marks that the traffic was "light." No persons or
property were put at risk. As such, the Officer does not make a credible case
that I was in violation of the Basic Speed Law.

Further, I believe that the posted speed of 45mph on Sorrento Valley Road is
artificially low, reflecting an out-of-date traffic and engineering survey
and, as such, may constitute an illegal Speed Trap pursuant to CVC
40802(a)(2) which defines an illegal radar speed trap as:"A particular
section of a highway with a...speed limit that is provided by this
code...[which] limit is not justified by an engineering and traffic survey
conducted within five years prior to the date of the alleged violation, and
enforcement of the speed limit involves the use of radar or any other
electronic device that measures the speed of moving objects." If the traffic
survey on Sorento valley Road is more than five years old, the officer's use
of radar to determine my speed was illegal.

When using radar evidence, the prosecution is required to prove that the use
of radar is not an illegal speed trap. Speed Trap Evidence 40803(b) states:
"In any prosecution under this code of a charge involving the speed of a
vehicle, where enforcement involves the use of radar or other electronic
devices which measure the speed of moving objects, the prosecution shall
establish, as part of its prima facie case, that the evidence or testimony
presented is not based upon a speed trap as defined in paragraph (2) of
subdivision (a) of Section 40802."

If the prosecution does not attach proof with its written declaration (a
certified copy of the speed survey) to establish as part of its prima facie
case, that Sorrento Valley Road is not an illegal Speed Trap, as they are
required to do pursuant to CVC 40803(b), I trust the Court will rule the
radar evidence inadmissible and dismiss my case pursuant to CVC 40805.

CVC 40805, Admission of Speed Trap Evidence, states:"Every court shall be
without jurisdiction to render a judgement of conviction against any person
for violation of this code involving the speed of a vehicle if the court
admits any evidence or testimony secured in violation of, or which is
inadmissible under this article."

I trust in the Court's fairness and ask that my citation be dismissed in the
interest of justice.

If the court does not find in my favor in this case, I request a fine
reduction and a Court assignment to attend traffic school.

I declare under penalty of perjury under the laws of the State of California
that the foregoing is true and correct.

Date:

Simone De Beauvoir, Defendant in Pro Per


Example 2

STATEMENT OF FACTS

Defendant's Name: Lucas Ridgeston
Case No.: S780824

I respectfully submit this written declaration to the Court pursuant to CVC
40902. I plead Not Guilty to the charge of violating CVC 22350.

The facts of my case are as follows: While driving west bound on Meade at
0855 on 3-17-99, I was stopped by SDPD Officer Ffrengig (I.D.#1234) and was
charged with violating CVC 22350. Officer Ffrengig has alleged that I was
driving approximately 33mph in a 25mph zone based on RADAR evidence. I know
that I was traveling a Safe and Reasonable speed for conditions at the time
of my stop, and was therefore not in violation of the Basic Speed Law.

The Basic Speed Law, CVC 22350, states: "No person shall drive a vehicle upon
a highway at a speed greater than is reasonable or prudent having due regard
for weather, visibility, the traffic on, and the surface and width of the
highway, and in no event at a speed which endangers the safety of persons or
property."

On my citation, the officer fails to note any of these relevant conditions
except for traffic, which he correctly notes as "Medium." I can attest that
the road was dry with clear visibility at the time of my stop. Officer
Ffrengig also fails to note the Safe Speed for Meade in the appropriate space
on my Notice to Appear. I know that I was traveling a Safe and Reasonable
speed for conditions on Meade when I was stopped.

My assertion that my speed was Safe and Reasonable for conditions is
supported by the most recent Traffic and Engineering survey for Meade which
gives the Safe Speed (85th percentile speed) as 32 mph, which is just 1mph
different than the "approximate" speed Officer Ffrengig noted on my citation.
Based on this evidence, I know that I was not in violation of the Basic Speed
Law at the time and place of my citation and, pursuant to the common sense
spirit of CVC 22350, contest that my speed at the time of my traffic stop was
therefore not per se unlawful.

Further, I believe that the officer's radar may have been tracking one of
several cars other than mine. There were cars driving in front of me and also
passing me as I proceeded down Meade; the presence of these vehicles was
properly attested to on my citation by Officer Ffrengig as "Medium" traffic.
The typical beam angle (spread) of police radar is 12-16 degrees, resulting
in a beam width of 1 foot for every 4 feet of travel of the beam from the
antennae. Therefore at 160 feet from its source, a police radar beam is
typically 40 feet (four lanes) wide.

The officer noted on my citation that my radar-determined speed was 33mph
from 150 feet away, a distance at which any of several cars then traveling
through the officer's two-lane wide radar beam might have caused the speed
indicated on the officer's unit. Due to the officer's indication of "medium"
traffic and his notation that my alleged speed was determined at a 150'
distance, it is clear that there is reasonable doubt as to which car's speed
his radar unit was indicating.

Due to this reasonable doubt, and the fact that the Traffic and Engineering
Survey for Meade has determined the Safe Speed to be 32mph, approximately the
speed the officer claims I was traveling, I ask the Court to dismiss my
citation in the interest of justice.

If the court does not find in my favor in this case, I request a fine
reduction and a Court assignment to attend traffic school.

I declare under penalty of perjury under the laws of the State of California
that the foregoing is true and correct.

Date:

Lucas Ridgeston, Defendant in Pro Per


Example 3

STATEMENT OF FACTS

Defendant's Name: Quentin Crisp
Case No.: S780824

I respectfully submit this written declaration to the Court pursuant to CVC
40902. I plead Not Guilty to the charge of violating CVC 22350.

The facts of my case are as follows: While driving on Madera Street in Lemon
Grove at 0830 on 10-22-98, I was stopped by Deputy Perchyll (I.D.#1234) and
was charged with violating CVC 22350. Deputy Perchyll has alleged that I was
driving 41mph in a 25mph zone based on RADAR evidence. In fact, I was
traveling 40mph in a posted 40mph zone.

Deputy Perchyll asserts that I was driving in a school zone with a temporary
prima facie speed limit of 25mph, which is the sole basis of my citation.
However, the Deputy did not cite me for driving in a prima facie school zone,
CVC 22352(b)(2); he cited me for breaking the Basic Speed Law, CVC 22350. I
did not break the Basic Speed Law. I know that I was traveling a Safe and
Reasonable speed for conditions at the time of my stop, 40mph in a posted
40mph zone.

The Basic Speed Law, CVC 22350, states: "No person shall drive a vehicle upon
a highway at a speed greater than is reasonable or prudent having due regard
for weather, visibility, the traffic on, and the surface and width of the
highway, and in no event at a speed which endangers the safety of persons or
property."

At the time of my stop, the road was dry and clear with light traffic. No
persons or property were put at risk by my driving 40mph in a posted 40mph
zone. The mere act of passing a school at 40mph in a 40mph zone is not
assumed to "endanger the safety of persons or property" under the Basic Speed
Law. As such, the Deputy does not make a credible case that I was in
violation of the Basic Speed Law at the time of my stop.

Further, I believe that a posted speed of 40mph on Madera Street is
artificially low, reflecting a possibly out-of-date traffic and engineering
survey and, as such, the Deputy's use of Radar may constitute a Speed Trap
pursuant to CVC 40802(a)(1) (traffic survey more than five years old).

If the prosecution does not attach proof with its Written Declaration (a
certified copy of the speed survey for 1700 Madera Street), to establish as
part of its prima facie case, that the road I was cited on was not a Speed
Trap, as they are required to do pursuant to CVC 40803(b), Speed Trap
Evidence, I trust that the Court will rule the RADAR evidence inadmissible
and dismiss my case pursuant to CVC 40805.

I trust in the Court's fairness and believe that my citation should be
dismissed in the interest of justice.

If the court does not find in my favor in this case, I request a fine
reduction and a Court assignment to attend traffic school.

I declare under penalty of perjury under the laws of the State of California
that the foregoing is true and correct.

Date:

Quentin Crisp, Defendant in Pro Per


Example 4

May 18, 2004
Superior Court, County of Los Angeles
1427 West Covina Parkway
West Covina, CA 91790




To Whom It May Concern:


I am writing in regards to my trial by declaration. The bail amount of
$111.00 has already been received by Deputy Clerk, Margaret Orban.

On the night of March 22, 2004, I was traveling on Fullerton Rd, northbound,
just south of the 60 freeway. While on Fullerton, I stopped at a traffic
light at Diamond Plaza Way, just before the eastbound onramp to the 60
freeway. I was stopped behind a silver 1998-2000 Honda Accord at the time on
the far right lane as the light had turned red. As the traffic light turned
green, the Accord ahead of me began to accelerate, and as I normally do, I
followed. While at the traffic light I also noticed a police unit parked with
its parking lights on, at the Shell gas station at the corner of Fullerton
and Diamond Plaza Way. As I approached the gas station, I noticed the lights
of the police unit turn on and begin moving forward, well before I had passed
in front of the police unit. As I passed in front of the police unit, I had
noticed that he had pulled to the exit of the gas station, and continued to
follow me up the onramp of the 60 freeway heading eastbound. About 500ft up
the ramp, the officer turned on his light bar, at which time I pulled to the
right to the emergency lane and stopped my vehicle. I was confused as to why
I was pulled over, and asked the officer as he approached my vehicle. His
response to me was that “Your exhaust is too loud.” After which he
requested my license and registration and gave me my citation.

I believe that there is reasonable doubt as to Officer Arruda’s judgement in
regards to the indicated exhaust violation stated by the CVC code 21750.

Firstly, I have attached a certification from the State Referee Station in
Chaffey College, indicating that the exhaust noise level of my vehicle does
meet the legal limit of 95dB. The certificate indicated the exhaust noise
level of my vehicle to be at 93dB, below that of the 95dB limit as set by the
testing methods indicated by the CCR, Title 13, Division 2, Chapter 4,
Article 9 in regards to CVC 27150.

Secondly, I believe that Officer Arruda may have mistaken the exhaust noise
he heard from the Accord’s for my car. While at the traffic light, I had
noticed the Accord having a large dual exhaust system. I believe that Officer
Arruda may have heard the exhaust noise coming from that vehicle, as I
noticed him pull his car to the exit of the gas station as the Accord was
passing in front of him, and right before I passed in front of him. The
modified exhaust on that vehicle was about the same sound volume, if not
louder, than mine, and I believe that if Officer Arruda had began to move his
vehicle before I had passed him, there is a high probability that he mistook
the exhaust noise of the Accord’s as my vehicle’s.

I have enclosed 3 additional pages I would like admitted as evidence: a copy
of the receipt for service at the Chaffey College Referee Station, a copy of
the Referee Station Vehicle Inspection Report, and a copy of the Certificate
indicating vehicle exhaust noise compliance affixed to the back of the issued
Notice to Appear citation.


Thank you,


Adam West
(Mayor)