It’s not nice to get caught overspeeding as a professional driver but you can dispute a traffic ticket in California against you if you are guilty by opting for a trial by declaration.
As a professional commercial driver, it is necessary to maintain a clean driving record, which means it is often necessary to fight speeding ticket California seeking a CDL ticket dismissal. Do you know how to fight a traffic ticket? There is a process, but to be successful, there are a few things to keep in mind during and after the traffic stop. Continue reading to find out everything you need to know on how to dispute a traffic ticket in California state.
Steps to Dispute a Traffic Ticket in California
Understand Traffic Law of the State
Fortunately, you do not need to be a red light camera ticket lawyer metropolitan courthouse to fight a ticket, but you do need to understand traffic law. While having a working knowledge of every law is not necessary, you should know the laws that pertain to your case, especially before going to trial. Also, know the technology that was used to identify your speed or violation. Sometimes the technology is not as accurate as officials would like you to believe.
Do Not Admit Wrongdoing
It is always best to avoid admitting wrongdoing. Every traffic usually starts with an officer asking if you know why you were pulled over. If you want to fight the ticket, play ignorant. Let the officer lead the conversation and explain why you were pulled over. By staying quiet about your guilt, you have a claim to make during your trial.
Pay the Fine
Regardless of your intention to fight the citation, in California, you have to first pay the fine. When you pay your fine and state your intention to fight the charge, you will be granted a court date. If you win your trial, then the money you paid for your fine will be refunded. Depending on your county, there are several payment options, including online and in-person.
Go to Trial
Taking your case to trial offers many benefits. For example, you are able to present your evidence and question the officer. However, in California, if you take a ticket to court, the citing officer will receive a subpoena to appear and defend the ticket, which may not be what you want. If you want a better chance of winning the trial because of an officer’s lack of response, then try a trial by a declaration in disputing your traffic ticket.
Choose a Trial by Declaration
In a trial by declaration, you submit a form as the defendant, stating the facts of the case and why you think the citation is unfair and should be overturned. You will still need to pay the fine first.
Once you have submitted your form, the arresting officer will receive a request to respond. If they fail to respond, then the ticket is overturned, and you win your claim. However, if they do respond, then you may lose, but with a trial by declaration, you can choose to have a physical trial if you are unsatisfied.
If you are a professional driver, then you understand the importance of a clean driving record. If you have received a ticket in California and need legal assistance, then contact a local traffic attorney to discuss your case.
It’s one thing to get caught overspeeding in California, but an entirely different case to overturn the charge (dispute a traffic ticket) against you by opting for a trial by declaration.
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great
Thank you so much! great information!
Thanks Daniel!
My friend just moves to California and often used to get caught in this traffic dilemma, Due to ignorance she was unable to find a proper way out and would often get herself into trouble. She felt so elated when I showed her this post and said it would be helpful.
Wow. That’s nice of you Aria.