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Trial by written Declaration

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Old Feb 22, 2009 | 04:44 PM
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Default Trial by written Declaration

Hey guys, well it looks like unfortunately that Ill have to write another trial by written declaration. Ive done this procedure before but the only difference is this time I was cited about 450 some miles away from my residence and was wondering if I could still opt to do a trial by written declaration or contest this ticket without having to go to the actual court in the jurisdiction that I was cited in. Any help or tips would be greatly appreciated. Thanks
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Old Feb 22, 2009 | 05:14 PM
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i *heard* that this method isn't as successful as it used to be, due to courts/municipalities wanting to get more money...

let us know how it works out though...
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Old Feb 22, 2009 | 05:20 PM
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The provision is in the California Motor Vehicle Code; if your citation were issued in California, and is for an infraction, I believe that you have to be allowed the option of trial by written declaration.

I've done it twice: lost once, won once. Heads-you-win, tails-you-tie are excellent odds: I wouldn't hesitate.
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Old Feb 22, 2009 | 05:28 PM
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thanks guys, Ive done this twice before with success. But do I have to go to the court (450 miles away) to contest this? Or could I just go to the local court and state that I want to contest this?
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Old Feb 22, 2009 | 05:35 PM
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on tickets in texas, the back contains the address of the court you can write in to.
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Old Feb 22, 2009 | 05:47 PM
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Originally Posted by Carbon Blue,Feb 22 2009, 06:28 PM
But do I have to go to the court (450 miles away) to contest this? Or could I just go to the local court and state that I want to contest this?
You should be able to write the court and request the forms. Some courts will allow you to request the forms on their website.
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Old Feb 22, 2009 | 08:02 PM
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I did this as well and won.

It was in a small town in a small county. About 5 hours away from me.
I drove there for my initial hearing and the judge told me specifically that he would allow me to do a trial by declaration.

So I did.

Got my entire ticket refunded too.
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Old Feb 22, 2009 | 09:45 PM
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All you have to do is send in your CVC 40519 form first to plead not guilty along with your bail check, then wait for the packet to come in to tell you about how to write your letter regarding your case.
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Old Feb 23, 2009 | 05:57 AM
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Originally Posted by Carbon Blue,Feb 22 2009, 09:28 PM
thanks guys, Ive done this twice before with success. But do I have to go to the court (450 miles away) to contest this? Or could I just go to the local court and state that I want to contest this?
Why not just call the court that issued the ticket and ask?
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Old Feb 23, 2009 | 08:22 AM
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i did it and lost.
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