does trial by declaration work?

[phoenixrising]

are LEO's paid to go to court, but not to fill out their trial by dec paperwork? That's what ticketassasin.com says....but it doesn't make sense...
what do y'all think of trial by declaration?

 

[Trogdor]

Paperwork is part of the job. If you count filling out a trial by declaration while working your shift as getting paid for it, then you are getting paid for it.

 

[motorman4life]

I seem to be getting more and more TBD's lately. Maybe people are too busy to go to court? About 1/2 of the time my court appearances are on my work day and about 1/2 the time they are on my day off. So, I get OT when I go in on my day off. TBD's are completed on duty as Trogdor mentioned.

If it were me, I wouldn't do a TBD unless I was certain I knew something the officer didn't. It would be in a rare case, like if a sign was obstructed and you got the city to fix it after you got the ticket and got them (the city) to acknowledge the sign was not posted properly or not visible and sent that in with an explanation.. other than that, I don't see where you would be able to mount any substantial defense via TBD.

Your best bet is either taking the no contest plea and doing traffic school or hope the officer is a no-show for court. With summer here, I would not waive time.. that would force them to give you a court date within 45 days of your arraignment. Then if the officer tries to postpone the date due to a conflict, they might have to dismiss due to time restraints. If the officer shows and you have no real defense, you can ask to amend your plea and request traffic school (if you are eligible) before the hearing starts. It's a gamble, but I've seen judges offer that option before starting court proceedings and it seems like they are more lenient in allowing traffic school BEFORE the trial than after. You may also want to ask if you can have your fine converted into Sheriff's work program hours.. some counties will do that. Try to go in on Holidays.. it is more laid back then.

 

[gab328]

...If the officer shows and you have no real defense, you can ask to amend your plea and request traffic school (if you are eligible) before the hearing starts. It's a gamble, but I've seen judges offer that option before starting court proceedings and it seems like they are more lenient in allowing traffic school BEFORE the trial than after....

Has there been a case where the judge granted traffic school even though the defendant has already done a traffic school within the 18month timeframe?

 

[viper3256]

Has there been a case where the judge granted traffic school even though the defendant has already done a traffic school within the 18month timeframe?

Judge did that for me, since I had the last ticket 17 months ago. He also lowered the fine for me. But he said the point will not be on your record but the ticket will still be seen by your insurance company. My rates still have not gone up. (But I think my rates will go up after 2 points)

I do wish I had not taken it. Becuase it cost me 50+ dollars and now if I get another ticket I would not be eligable for traffic school til december. If I did not do traffic school, 1 point and would have be eligible for traffic school the next month.

But this Judge was cool, it also helped that I knew him and worked on his computers... :shhh


Rob

 

[gab328]

Judge did that for me, since I had the last ticket 17 months ago. He also lowered the fine for me. But he said the point will not be on your record but the ticket will still be seen by your insurance company. My rates still have not gone up. (But I think my rates will go up after 2 points)

I do wish I had not taken it. Becuase it cost me 50+ dollars and now if I get another ticket I would not be eligable for traffic school til december. If I did not do traffic school, 1 point and would have be eligible for traffic school the next month.

But this Judge was cool, it also helped that I knew him and worked on his computers... :shhh


Rob

that's what I hear...thanks for piping in with your experience. It's something I'll have my wife consider for her situation.

 

[phoenixrising]

obscurity?

If it were me, I wouldn't do a TBD unless I was certain I knew something the officer didn't. It would be in a rare case, like if a sign was obstructed and you got the city to fix it after you got the ticket and got them (the city) to acknowledge the sign was not posted properly or not visible and sent that in with an explanation.. other than that, I don't see where you would be able to mount any substantial defense via TBD.

yea, it's weird...he wrote me for 70 in a 50 area, but when I asked him where he clocked me, it was in a yellow signed 45 area, that he told me was a black and white sign. wrote me for 23336vc, which says don't go faster than posted...it's kind of a confusing ticket, but I'm assuming the judge is going to look at the 70 in a 50 and if the officer tells the judge different than what he told me, I don't have a chance in hell.
Should I just go to traffic school or follow the advice below or is this winnable? Last time in traffic court was about 4 yrs. ago, but the judge offered traffic school to anyone beforehand, like you say, so maybe the scheduling strategy is the way to go.
I don't disagree that I was going 65 or 70, but it was in a 65 zone with a 45 yellow sign on a curve...hey, this LEO forum is pretty cool. Thanks for the help!


Your best bet is either taking the no contest plea and doing traffic school or hope the officer is a no-show for court. With summer here, I would not waive time.. that would force them to give you a court date within 45 days of your arraignment. Then if the officer tries to postpone the date due to a conflict, they might have to dismiss due to time restraints. If the officer shows and you have no real defense, you can ask to amend your plea and request traffic school (if you are eligible) before the hearing starts. It's a gamble, but I've seen judges offer that option before starting court proceedings and it seems like they are more lenient in allowing traffic school BEFORE the trial than after. You may also want to ask if you can have your fine converted into Sheriff's work program hours.. some counties will do that. Try to go in on Holidays.. it is more laid back then. [/B][/QUOTE]