Speeding Ticket: Just found out i can't do TRIAL BY WRITTEN DECLARATION..

WayneTeK

Golden Member
Apr 3, 2002
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Ok, i got a speeding ticket not too long ago and i called to get an EXTENSION on the ticket, as instructed by TicketAssassin.com and i requested i'm gonna do a TRIAL BY WRITTEN DECLARATION.

The lady on the phone said i couldn't do that. She said it's a mandatory court appearance.

Facts:
1. Got ticketed in Southern California
2. Was doing 78 on the freeway on a merging onramp. Posted speedlimit is 65mph. Safe (officer's judgement of what's safe is 50mph).
3. The cop clocked me.

Is it a mandatory court apperance cause this is something serious?
 

RbSX

Diamond Member
Jan 18, 2002
8,351
1
76
:roll: another thread of yours that has to do with cars?

Did you get the g35? Evo? Sti? tool.
 

isasir

Diamond Member
Aug 8, 2000
8,609
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Sorry had to do it:

Ask the judge to stick out his left hand.
Pay the fine.

Edit: In response to your question, I think often 25 over the "speed limit" generally requires a court appearance.
 

jpeyton

Moderator in SFF, Notebooks, Pre-Built/Barebones
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Aug 23, 2003
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Are you appearing in court to give your plea, or have you already done that?

Some courts may require you to show up in person for your plea, but you can request a trial by affidavit after pleading not guilty.
 

jpeyton

Moderator in SFF, Notebooks, Pre-Built/Barebones
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Aug 23, 2003
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Originally posted by: dmcowen674
Dasm 78 mph???

You're a menace to Society, should have your driving privledges taken away and your car taken away immediately.

Haha :D

I actually prefer a driver who merges at 78MPH versus some drivers who come off the on-ramp at 50MPH and make everyone slam on their brakes so they can merge.
 

Pepsi90919

Lifer
Oct 9, 1999
25,162
1
81
Judge... (short pause cause my mind blanked).. Umm, i'm gonna try something now, but if you don't like it, let me know." ~ ME

"Uh ok..." ~ Him

"Stick your gavel up your ass." ~ ME
 

WayneTeK

Golden Member
Apr 3, 2002
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Originally posted by: jpeyton
Are you appearing in court to give your plea, or have you already done that?

Some courts may require you to show up in person for your plea, but you can request a trial by affidavit after pleading not guilty.

i haven't done that yet.

thing is, i've done a trail by written declaration before even showing up to the judge. this time it's different for some reason. i have to see the judge first. scary.

and i asked the lady over the phone why i have to see the judge first and she wouldn't give me an answer only saying, "i'm not allowed to tell you that sir."

If the officer doesn't show up, the ticket is dismissed right???? :)
 

Originally posted by: WayneTeK
Originally posted by: jpeyton
Are you appearing in court to give your plea, or have you already done that?

Some courts may require you to show up in person for your plea, but you can request a trial by affidavit after pleading not guilty.

i haven't done that yet.

thing is, i've done a trail by written declaration before even showing up to the judge. this time it's different for some reason. i have to see the judge first. scary.

and i asked the lady over the phone why i have to see the judge first and she wouldn't give me an answer only saying, "i'm not allowed to tell you that sir."

If the officer doesn't show up, the ticket is dismissed right???? :)
Most likely they are requiring you to make a physical court appearance because you are requesting an extension.

Also, when an officer doesn't show up usually it can be dismissed, but the officer can also submit a written supporting deposition if he cannot show up due to circumstances. Depends on state by state laws.
 

WayneTeK

Golden Member
Apr 3, 2002
1,283
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0
Originally posted by: SampSon
Originally posted by: WayneTeK
Originally posted by: jpeyton
Are you appearing in court to give your plea, or have you already done that?

Some courts may require you to show up in person for your plea, but you can request a trial by affidavit after pleading not guilty.

i haven't done that yet.

thing is, i've done a trail by written declaration before even showing up to the judge. this time it's different for some reason. i have to see the judge first. scary.

and i asked the lady over the phone why i have to see the judge first and she wouldn't give me an answer only saying, "i'm not allowed to tell you that sir."

If the officer doesn't show up, the ticket is dismissed right???? :)
Most likely they are requiring you to make a physical court appearance because you are requesting an extension.

that isn't the case either...

my ticket prior to this, i did the exact same thing.. i requested and extension and wrote the letter... and it was fine.

 

Originally posted by: WayneTeK
Originally posted by: SampSon
Originally posted by: WayneTeK
Originally posted by: jpeyton
Are you appearing in court to give your plea, or have you already done that?

Some courts may require you to show up in person for your plea, but you can request a trial by affidavit after pleading not guilty.

i haven't done that yet.

thing is, i've done a trail by written declaration before even showing up to the judge. this time it's different for some reason. i have to see the judge first. scary.

and i asked the lady over the phone why i have to see the judge first and she wouldn't give me an answer only saying, "i'm not allowed to tell you that sir."

If the officer doesn't show up, the ticket is dismissed right???? :)
Most likely they are requiring you to make a physical court appearance because you are requesting an extension.

that isn't the case either...

my ticket prior to this, i did the exact same thing.. i requested and extension and wrote the letter... and it was fine.
Mabey your driving recordf is tainted to the point where you cannot do trial by written declaration.

Since they are requesting you to be in court, this case is not the same as your last, obviously.
 

jammur21

Golden Member
Nov 1, 2004
1,629
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0
Originally posted by: jpeyton
Originally posted by: dmcowen674
Dasm 78 mph???

You're a menace to Society, should have your driving privledges taken away and your car taken away immediately.

Haha :D

I actually prefer a driver who merges at 78MPH versus some drivers who come off the on-ramp at 50MPH and make everyone slam on their brakes so they can merge.

So do I, I think merging in at a higher speed prevents trucks or traffic from having to merge around you or hit the brakes to let some slowpoke in.
 
Mar 19, 2003
18,289
2
71
Originally posted by: Pepsi90919
Judge... (short pause cause my mind blanked).. Umm, i'm gonna try something now, but if you don't like it, let me know." ~ ME

"Uh ok..." ~ Him

"Stick your gavel up your ass." ~ ME

:laugh::thumbsup:
 

WayneTeK

Golden Member
Apr 3, 2002
1,283
2
0
Originally posted by: SampSon
Originally posted by: WayneTeK
Originally posted by: SampSon
Originally posted by: WayneTeK
Originally posted by: jpeyton
Are you appearing in court to give your plea, or have you already done that?

Some courts may require you to show up in person for your plea, but you can request a trial by affidavit after pleading not guilty.

i haven't done that yet.

thing is, i've done a trail by written declaration before even showing up to the judge. this time it's different for some reason. i have to see the judge first. scary.

and i asked the lady over the phone why i have to see the judge first and she wouldn't give me an answer only saying, "i'm not allowed to tell you that sir."

If the officer doesn't show up, the ticket is dismissed right???? :)
Most likely they are requiring you to make a physical court appearance because you are requesting an extension.

that isn't the case either...

my ticket prior to this, i did the exact same thing.. i requested and extension and wrote the letter... and it was fine.
Mabey your driving recordf is tainted to the point where you cannot do trial by written declaration.

Since they are requesting you to be in court, this case is not the same as your last, obviously.

Nope, i have 0 tickets, clean record..
 

jpeyton

Moderator in SFF, Notebooks, Pre-Built/Barebones
Moderator
Aug 23, 2003
25,375
142
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You shouldn't be scared at all to see a judge. A lot of them are pretty friendly because psychologically it makes the people they deal with a lot more comfortable and less likely to cause a ruckus. When you're dealing with tons of people who are paying fines, being amicable is almost a requirement.

And most of them are also no nonsense. They just repeat your charge, ask you what you'd like to plea, and send you on your way.

Don't sweat it.
 

NogginBoink

Diamond Member
Feb 17, 2002
5,322
0
0
Originally posted by: WayneTeK
Originally posted by: jpeyton
Are you appearing in court to give your plea, or have you already done that?

Some courts may require you to show up in person for your plea, but you can request a trial by affidavit after pleading not guilty.

i haven't done that yet.

thing is, i've done a trail by written declaration before even showing up to the judge. this time it's different for some reason. i have to see the judge first. scary.

and i asked the lady over the phone why i have to see the judge first and she wouldn't give me an answer only saying, "i'm not allowed to tell you that sir."

If the officer doesn't show up, the ticket is dismissed right???? :)

Not allowed to tell you that? B.S. This is not a secret court you're attending, is it? :)
 

Originally posted by: WayneTeK
Originally posted by: SampSon
Originally posted by: WayneTeK
Originally posted by: SampSon
Originally posted by: WayneTeK
Originally posted by: jpeyton
Are you appearing in court to give your plea, or have you already done that?

Some courts may require you to show up in person for your plea, but you can request a trial by affidavit after pleading not guilty.

i haven't done that yet.

thing is, i've done a trail by written declaration before even showing up to the judge. this time it's different for some reason. i have to see the judge first. scary.

and i asked the lady over the phone why i have to see the judge first and she wouldn't give me an answer only saying, "i'm not allowed to tell you that sir."

If the officer doesn't show up, the ticket is dismissed right???? :)
Most likely they are requiring you to make a physical court appearance because you are requesting an extension.

that isn't the case either...

my ticket prior to this, i did the exact same thing.. i requested and extension and wrote the letter... and it was fine.
Mabey your driving recordf is tainted to the point where you cannot do trial by written declaration.

Since they are requesting you to be in court, this case is not the same as your last, obviously.

Nope, i have 0 tickets, clean record..
So you had a ticket prior to this, but you have 0 tickets? How exactly does that work? Do you always fill your posts with misinformation, or what? Also your wording leads me to believe that you have had more than one ticket before the prior ticket you mentioned.

If it was reduced to a parking ticket, they still have record of you receiving a moving violation.

Either which way, you're going to have to appear in front of a judge.
 

WayneTeK

Golden Member
Apr 3, 2002
1,283
2
0
Originally posted by: SampSon
Originally posted by: WayneTeK
Originally posted by: SampSon
Originally posted by: WayneTeK
Originally posted by: SampSon
Originally posted by: WayneTeK
Originally posted by: jpeyton
Are you appearing in court to give your plea, or have you already done that?

Some courts may require you to show up in person for your plea, but you can request a trial by affidavit after pleading not guilty.

i haven't done that yet.

thing is, i've done a trail by written declaration before even showing up to the judge. this time it's different for some reason. i have to see the judge first. scary.

and i asked the lady over the phone why i have to see the judge first and she wouldn't give me an answer only saying, "i'm not allowed to tell you that sir."

If the officer doesn't show up, the ticket is dismissed right???? :)
Most likely they are requiring you to make a physical court appearance because you are requesting an extension.

that isn't the case either...

my ticket prior to this, i did the exact same thing.. i requested and extension and wrote the letter... and it was fine.
Mabey your driving recordf is tainted to the point where you cannot do trial by written declaration.

Since they are requesting you to be in court, this case is not the same as your last, obviously.

Nope, i have 0 tickets, clean record..
So you had a ticket prior to this, but you have 0 tickets? How exactly does that work? Do you always fill your posts with misinformation, or what? Also your wording leads me to believe that you have had more than one ticket before the prior ticket you mentioned.

If it was reduced to a parking ticket, they still have record of you receiving a moving violation.

Either which way, you're going to have to appear in front of a judge.

lemme clear this up. i've been pulled over before and i got a ticket, but i've done a trial by written declaration and the judge dismissed the ticket and doesn't go on my record.

and i have 0 parking tickets.

So for the record, i have 0 ticket.
 

Insane3D

Elite Member
May 24, 2000
19,446
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0
The 100mph in a 55mph, and the 109mph in a 65mph tickets I got were must appear only. It's no big deal, and it's probably because you got an extension...
 

WayneTeK

Golden Member
Apr 3, 2002
1,283
2
0
Originally posted by: Insane3D
The 100mph in a 55mph, and the 109mph in a 65mph tickets I got were must appear only. It's no big deal, and it's probably because you got an extension...

what happened for you? did the judge dismiss it?
 

Insane3D

Elite Member
May 24, 2000
19,446
0
0
Heh...I wish. I pleaded guilty each time, I was doing that speed. First one I lost my license for 10 days, and the second was a 15 day loss. I think both times the fine was like $400...
 

WayneTeK

Golden Member
Apr 3, 2002
1,283
2
0
Originally posted by: Insane3D
Heh...I wish. I pleaded guilty each time, I was doing that speed. First one I lost my license for 10 days, and the second was a 15 day loss. I think both times the fine was like $400...

lemme ask you a hypotehtical situation then.. if you pleaded "NOT GUILTY" and the cop didn't show up, then the case would be dismissed???