DIY: use trial by declaration if you get a ticket!
Excuse me? What you're doing is taking what I said out of context to try to make me look bad. Op's post clearly encourages breaking the law:
Besides that, what OP posted, along with many other "get-out-of-a-ticket" techniques are well known and documented within the law enforcement community. I wont even get into the grey area of interpretation and misinterpretation that admittedly people try to exploit and are sometimes successful at. Personally, I would pursue your case more aggressively for trying to weasel out and not be a man about it.
My point in case, is that it would be easier to have not broken the law in the first place rather then trying to play the game.
Besides that, what OP posted, along with many other "get-out-of-a-ticket" techniques are well known and documented within the law enforcement community. I wont even get into the grey area of interpretation and misinterpretation that admittedly people try to exploit and are sometimes successful at. Personally, I would pursue your case more aggressively for trying to weasel out and not be a man about it.
My point in case, is that it would be easier to have not broken the law in the first place rather then trying to play the game.
.
its 14601.1(A) VC Operating vehiacle with Susp - Rev license
and 16028 (A) vc No proof of Insurance <----- but I think i can get that taken off since its just proof...I have the card just didnt at the time i was pulled over
and 16028 (A) vc No proof of Insurance <----- but I think i can get that taken off since its just proof...I have the card just didnt at the time i was pulled over
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14601 is gonna be a tough one, not much leverage there
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u dont have a stip to drive to and from work?
how did u get suspended lic? need more info than just the vc code then.
16028. (a) Upon the demand of a peace officer pursuant to subdivision (b) or upon the demand of a peace officer or traffic collision investigator pursuant to subdivision (c), every person who drives a motor vehicle upon a highway shall provide evidence of financial responsibility for the vehicle that is in effect at the time the demand is made. However, a peace officer shall not stop a vehicle for the sole purpose of determining whether the vehicle is being driven in violation of this subdivision.
14601. (a) No person shall drive a motor vehicle at any time when that person’s driving privilege is suspended or revoked for reckless driving in violation of Section 23103, 23104, or 23105, any reason listed in subdivision (a) or (c) of Section 12806 authorizing the department to refuse to issue a license, negligent or incompetent operation of a motor vehicle as prescribed in subdivision (e) of Section 12809, or negligent operation as prescribed in Section 12810.5 , if the person so driving has knowledge of the suspension or revocation. Knowledge shall be conclusively presumed if mailed notice has been given by the department to the person pursuant to Section 13106. The presumption established by this subdivision is a presumption affecting the burden of proof.
23103. (a) A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(b) A person who drives a vehicle in an offstreet parking facility, as defined in subdivision (c) of Section 12500, in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(c) Persons convicted of the offense of reckless driving shall be punished by imprisonment in a county jail for not less than five days nor more than 90 days or by a fine of not less than one hundred forty-five dollars ($145) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment, except as provided in Section 23104 or 23105.
23104. (a) Except as provided in subdivision (b), whenever reckless driving of a vehicle proximately causes bodily injury to a person other than the driver, the person driving the vehicle shall, upon conviction thereof, be punished by imprisonment in the county jail for not less than 30 days nor more than six months or by a fine of not less than two hundred twenty dollars ($220) nor more than one thousand dollars ($1,000), or by both the fine and imprisonment.
(b) A person convicted of reckless driving that proximately causes great bodily injury, as defined in Section 12022.7 of the Penal Code, to a person other than the driver, who previously has been convicted of a violation of Section 23103, 23104, 23105, 23109, 23109.1, 23152, or 23153, shall be punished by imprisonment in the state prison, by imprisonment in the county jail for not less than 30 days nor more than six months or by a fine of not less than two hundred twenty dollars ($220) nor more than one thousand dollars ($1,000) or by both the fine and imprisonment.
Amended Sec. 17, Ch. 682, Stats. 2007. Effective January 1, 2008.
23105. (a) A person convicted of reckless driving in violation of Section 23103 that proximately causes one or more of the injuries specified in subdivision (b) to a person other than the driver, shall be punished by imprisonment in the state prison, or by imprisonment in a county jail for not less than 30 days nor more than six months, or by a fine of not less than two hundred twenty dollars ($220) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment.
(b) This section applies to all of the following injuries:
(1) A loss of consciousness.
(2) A concussion.
(3) A bone fracture.
(4) A protracted loss or impairment of function of a bodily member or organ.
(5) A wound requiring extensive suturing.
(6) A serious disfigurement.
(7) Brain injury.
(8) Paralysis.
(c) This section does not preclude or prohibit prosecution under any other provision of law.
if u dont want it in the open pm me the info n ill look at it when i get a chance the more details the better i can get an idea on the situation
how did u get suspended lic? need more info than just the vc code then.
16028. (a) Upon the demand of a peace officer pursuant to subdivision (b) or upon the demand of a peace officer or traffic collision investigator pursuant to subdivision (c), every person who drives a motor vehicle upon a highway shall provide evidence of financial responsibility for the vehicle that is in effect at the time the demand is made. However, a peace officer shall not stop a vehicle for the sole purpose of determining whether the vehicle is being driven in violation of this subdivision.
14601. (a) No person shall drive a motor vehicle at any time when that person’s driving privilege is suspended or revoked for reckless driving in violation of Section 23103, 23104, or 23105, any reason listed in subdivision (a) or (c) of Section 12806 authorizing the department to refuse to issue a license, negligent or incompetent operation of a motor vehicle as prescribed in subdivision (e) of Section 12809, or negligent operation as prescribed in Section 12810.5 , if the person so driving has knowledge of the suspension or revocation. Knowledge shall be conclusively presumed if mailed notice has been given by the department to the person pursuant to Section 13106. The presumption established by this subdivision is a presumption affecting the burden of proof.
23103. (a) A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(b) A person who drives a vehicle in an offstreet parking facility, as defined in subdivision (c) of Section 12500, in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(c) Persons convicted of the offense of reckless driving shall be punished by imprisonment in a county jail for not less than five days nor more than 90 days or by a fine of not less than one hundred forty-five dollars ($145) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment, except as provided in Section 23104 or 23105.
23104. (a) Except as provided in subdivision (b), whenever reckless driving of a vehicle proximately causes bodily injury to a person other than the driver, the person driving the vehicle shall, upon conviction thereof, be punished by imprisonment in the county jail for not less than 30 days nor more than six months or by a fine of not less than two hundred twenty dollars ($220) nor more than one thousand dollars ($1,000), or by both the fine and imprisonment.
(b) A person convicted of reckless driving that proximately causes great bodily injury, as defined in Section 12022.7 of the Penal Code, to a person other than the driver, who previously has been convicted of a violation of Section 23103, 23104, 23105, 23109, 23109.1, 23152, or 23153, shall be punished by imprisonment in the state prison, by imprisonment in the county jail for not less than 30 days nor more than six months or by a fine of not less than two hundred twenty dollars ($220) nor more than one thousand dollars ($1,000) or by both the fine and imprisonment.
Amended Sec. 17, Ch. 682, Stats. 2007. Effective January 1, 2008.
23105. (a) A person convicted of reckless driving in violation of Section 23103 that proximately causes one or more of the injuries specified in subdivision (b) to a person other than the driver, shall be punished by imprisonment in the state prison, or by imprisonment in a county jail for not less than 30 days nor more than six months, or by a fine of not less than two hundred twenty dollars ($220) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment.
(b) This section applies to all of the following injuries:
(1) A loss of consciousness.
(2) A concussion.
(3) A bone fracture.
(4) A protracted loss or impairment of function of a bodily member or organ.
(5) A wound requiring extensive suturing.
(6) A serious disfigurement.
(7) Brain injury.
(8) Paralysis.
(c) This section does not preclude or prohibit prosecution under any other provision of law.
if u dont want it in the open pm me the info n ill look at it when i get a chance the more details the better i can get an idea on the situation
Last edited by Omnigear; Jun 20, 2010 at 01:34 AM. Reason: Automerged Doublepost
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depends on the ticket.
i got a ticket for 85 on a 70
and its one of the harder one
to get out of. TIME doing
some work to get out of points for
your DL or money and points in your DL
I have more time than money.
i got a ticket for 85 on a 70
and its one of the harder one
to get out of. TIME doing
some work to get out of points for
your DL or money and points in your DL
I have more time than money.
Thread Starter
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From: Manama, Bahrain
your best bet is request for a discovery for the radar and the survey of the road you where pulled at.
if they dont give you the info you can contest that you cannot properly defend yourself due to withholding evidence.
if they dont give you the info you can contest that you cannot properly defend yourself due to withholding evidence.
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From: Los Angeles
How do I go about doing that? Ask the court in writing? Also, no traffic school cause I was supposedly doing 31 over the limit right? I also wanted to change courts. I got ticket in upland but I stay in long beach.
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you can request a change of venue, but if your goin for trial by declaration. you just mail it in with the full bail. to request a discovery you mail it to the district attorney or the city attorney. the form is online along with an example. google red light camera and it should be there along with example.
trial by decs have about a 30% higher chance of getting dismissed due to lazy cops not mailling in their portion
i wasnt so fortunate. if your ticket is over 25 mph above the speed limit you cant do traffic school
i wasnt so fortunate. if your ticket is over 25 mph above the speed limit you cant do traffic school
