Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here Best way to contest a speeding ticket: Trial By Declaration »
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- I just go notice from the court that I was found not guilty for (22350 VC) speeding… I was refunded my fine. I was doing 58 in a 40…
I contested the ticket via the mail. It’s called "TRIAL BY DECLARATION". In short, the police officer has to submit his contest in writing or the case will be dismissed. Unlike showing up in court where the office gets paid overtime to contest, the officer gets nothing for Trial by Declaration. So most of the time they don’t reply, and the case gets dismissed… The same result happened to my buddy when he contested his illegal U-turn ticket… This is how I learned to this process…
The Steps that I took: (In Short)
1. Pay the fine.
2. Request a Trial by Declaration.
3. Submit your story as to why you wish to contest.
4. Include other documents that the “Trial by Declaration” paperwork specifies. 5. Wait about 4 months…
Here is what I wrote to the court… Hope this helps…
———————————————————
Hello,
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 following contains the details of my case:
While traveling east on Harbor Blvd in Costa Mesa Monday February 18th, 2008 I was stopped by a Costa Mesa Officer (Officer Miles) and was charged with violating CVC 22350. The Officer has alleged that I was driving 58mph in a 40mph zone based on Radar evidence. I believe that I was driving approximately 45-50mph at the time of my stop and that my speed was quite safe for the prevailing conditions. When I asked to view the speed measuring device evidence reflecting my clocked speed, I was refused.
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