Ticket Assassin

03/28/2024

It's long past time for all of us to have dash cams pointing out and also covering inside our vehicles, for our own protection.

This is Florida defense lawyer and tiktoker .sheilove. Things are not quite as bad in California, unless you're in the Eastern parts of the state, San Bernardino County, Fullerton, or possibly LA County.

08/01/2022

I hope it works out...

AKRON, OH—Theorizing there might be a way to occasionally complete a routine traffic stop without anybody dying, Ohio police announced plans Monday to begin experimenting with nonlethal methods of administering speeding tickets. “Basically, we’re toying with the possibility that there could th...

11/27/2021

Be careful about those crosswalks! If a pedestrian has one toe in crosswalk, it's illegal to cross at any part of it, even if they're clear on the other side of the street. Stings use videos, hand out dozens of tickets per hour, and they are among the hardest tickets to beat!

If a pedestrian is in the crosswalk, come to a complete stop and wait for them to finish crossing.

11/17/2021

Reddit question: will you review my Trial By Written Declaration Draft?

Q: This is my first ever speeding ticket, so I am nervous about it. I decided to do a Trial By Written Declaration. Any help or advice would be greatly appreciated. Please and Thank you.

So here it is;
Your Honor, I respectfully request this citation be dismissed based on the statement that will be provided. This correspondence can be considered my formal plea of not guilty. So I submit this Trial By Written Declaration and plead not guilty to violating California Vehicle Code (CVC) Section 22350

On April 13, 2021, I was driving northbound on Railroad Avenue. I was pulled over by Officer Griffy and cited for violating CVC 22350. Allegedly, I was driving over the posted speed limit. I do believe I was driving at an appropriate speed following the flow of traffic in safe conditions.

CVC 22350 states; "No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property."

The road was dry with clear visibility, the only issue was that there was a train on the tracks, so it made it a little hard to hear at that time. There was light traffic with cars ahead of me seemingly driving at a faster speed than I was and a few cars behind me were catching up to me. So I believe my speed at the time was adequate since going any faster would be speeding and slowing down may put the cars behind me in an unsafe position. So, I do believe my driving was not a danger to anyone's safety and/or property.

If however this case is not dismissed, even though I believe I am not guilty of this violation, I believe there are alternatives;

- If possible I would like this case to be dismissed since this would be my first offense and would greatly affect my financial situation. Or pay a reduced fine or make payments for the fine. As long as this does not go on my driving record.

- If possible, I would attend a court-approved traffic school. So this conviction can not be in my DMV record.

- If none of these alternatives are possible I would like to request a Trial De Novo.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

A:

Your declaration seems to be resting on a "flow of traffic" arguments. Judges HATE flow of traffic arguments. The flow of traffic is not an excuse for exceeding the speed limit. When you say you were keeping up with the flow of traffic (or some other wording that means the same thing, like, cars ahead of me seemingly driving at a faster speed than I was and a few cars behind me were catching up to me) you are admitting guilt, which is bad, and using an excuse judges never accept, which is even worse. Don't do it.

There are better strategies for fighting a 22350. Did the officer use radar, laser, or pacing to record your alleged speed? Start there. Don't know? File discovery. Filing for discovery for a traffic ticket is explained here.

If you find out the officer used radar, you can attack his radar evidence. After all, there were cars ahead of you and behind you. Same thing with laser. It doesn't sound like he paced you, but if he did, there are defenses for that, as well. I'd start here for recent winning examples.

Also, re:

- If possible I would like this case to be dismissed since this would be my first offense and would greatly affect my financial situation. Or pay a reduced fine or make payments for the fine. As long as this does not go on my driving record.- If possible, I would attend a court-approved traffic school. So this conviction can not be in my DMV record.

I believe it is RISKY to request traffic school in a Trial by Written Declaration defense. At minimum, a traffic school request weakens your defense somewhat. At maximum, it could get you sent to traffic school even if the cop does not respond (which would otherwise lead to a dismissal).

Asking for traffic school in your declaration is often interpreted as making a No Contest plea. Without admitting guilt, you accept traffic school (and the admin fee) in exchange for a dismissal.

By contesting, you are pleading NOT GUILTY, not NO CONTEST. Asking for traffic school in your defense contradicts your NOT GUILTY plea and pushes your declaration into NO CONTEST territory. A lazy judge could see the traffic school request and simply direct you to traffic school without considering your defense or even issuing a verdict.

Even if you don't request traffic school, the judge will sometimes offer it when you lose. Also, you can always request traffic school post-TBD if you lose your Trial by Written Declaration. So, there's no need to weaken your declaration with a meek beg for traffic school.

I believe the best possible ending to your Trial by Written Declaration is this:

“I swear, under penalty of perjury, that the above is true. If the court does not find in my favor in this case, I request a trial de novo. I have included a completed TR-220 Trial de Novo form to be used in the event the court does not find in my favor in this case.”

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A:

Your declaration seems to be resting on a "flow of traffic" arguments. Judges HATE flow of traffic arguments. The flow of traffic is not an excuse for exceeding the speed limit. When you say you were keeping up with the flow of traffic (or some other wording that means the same thing, like, cars ahead of me seemingly driving at a faster speed than I was and a few cars behind me were catching up to me) you are admitting guilt, which is bad, and using an excuse judges never accept, which is even worse. Don't do it.

There are better strategies for fighting a 22350. Did the officer use radar, laser, or pacing to record your alleged speed? Start there. Don't know? File discovery. Filing for discovery for a traffic ticket is explained here.

If you find out the officer used radar, you can attack his radar evidence. After all, there were cars ahead of you and behind you. Same thing with laser. It doesn't sound like he paced you, but if he did, there are defenses for that, as well. I'd start here for recent winning examples.

Also, re:

"- If possible I would like this case to be dismissed since this would be my first offense and would greatly affect my financial situation. Or pay a reduced fine or make payments for the fine. As long as this does not go on my driving record.- If possible, I would attend a court-approved traffic school. So this conviction can not be in my DMV record."

I believe it is RISKY to request traffic school in a Trial by Written Declaration defense. At minimum, a traffic school request weakens your defense somewhat. At maximum, it could get you sent to traffic school even if the cop does not respond (which would otherwise lead to a dismissal).

Asking for traffic school in your declaration is often interpreted as making a No Contest plea. Without admitting guilt, you accept traffic school (and the admin fee) in exchange for a dismissal.

By contesting, you are pleading NOT GUILTY, not NO CONTEST. Asking for traffic school in your defense contradicts your NOT GUILTY plea and pushes your declaration into NO CONTEST territory. A lazy judge could see the traffic school request and simply direct you to traffic school without considering your defense or even issuing a verdict.

Even if you don't request traffic school, the judge will sometimes offer it when you lose. Also, you can always request traffic school post-TBD if you lose your Trial by Written Declaration. So, there's no need to weaken your declaration with a meek beg for traffic school.

I believe the best possible ending to your Trial by Written Declaration is this:

“I swear, under penalty of perjury, that the above is true. If the court does not find in my favor in this case, I request a trial de novo. I have included a completed TR-220 Trial de Novo form to be used in the event the court does not find in my favor in this case.”

11/17/2021

Reddit question: TBWD and car insurance, would a guilty on TBWD goes reported to DMV right away?

Q: So about 9-10 months ago I got a ticket.

Now that the initial due date is about 3-4 weeks, I am planning to write a TBWD with the very basic response of "I demand the prosecution prove its case." (probably not winnable, but to stall time).

The thing is, if I were to lose the TBWD, would that be reported right away to DMV? I don't want my car insurance rates to go up as a result of losing the TBWD.

I will be planning to do Trial De Novo anyway if I were to go TBWD and request for traffic school, but in the meanwhile, is my concern valid at all? Thanks.

A:"I am planning to write a TBWD with the very basic response of "I demand the prosecution prove its case." (probably not winnable, but to stall time)."

Instead of writing your Trial by Written Declaration in the most half-assed way possible, why don't you try to win with it? People win with them a good percentage of the time, especially when the evidence is presented well, with photos, diagrams, proper witness statements, and other evidence.

reply: I would, but I don't have any evidence at all to win the case. Should I even bother doing TBWD at all in this case?

Of course you have evidence. You have your testimony. Testimony is evidence.

Most HOV tickets can easily be contested in situations where the cited movement was necessary for safety, and the officer rarely has the point of view to dispute that it was necessary to move into the lane in order to avoid an accident, pursuant to California Vehicle Code 21462.

The need to temporarily ignore the direction of a traffic sign or signal is provided for in the vehicle code. CVC21462 states: “The driver of any vehicle… shall obey the instructions of any official traffic signal applicable to him and placed as provided by law, unless otherwise directed by a police or traffic officer or when it is necessary for the purpose of avoiding a collision or in case of other emergency….” You can make the argument that the action you took was contrary to the direction of the traffic markings but absolutely necessary to avoid a collision and therefore lawful pursuant to CVC21462.

This strategy is explained thoroughly on the Ticket Assassin website. There are probably other places you can get the same information. Regardless, your Trial by Written Declaration is an extra opportunity for you to beat your citation. You might as well try to win it.

11/17/2021

Reddit question: 22349 (a) Barstow Speeding ticket

Q: I (17) was going 90 in a 65 on the 177 ( two lane desert road. I had the cruise set to 80 and went to pass a cement truck. The car in front of me passed the truck and I followed. I did not attempt to pass the car ahead of me. The car ahead of me was a cop and they pulled me over. I know that 25 over barely qualifies for traffic school but realistically decreasing my insurance is all that I am concerned with. I fully recognize that I was in violation of the law but mitigating the damage is what is important to me now. I really don't want to make an in person appearance as I was four hours away from home. Thanks

A: You should be able to send in a plea by mail and ask for traffic school.
Another option is to send in a not-guilty plea with a request for a Trial by Written Declaration. In the Trial by Written Declaration, you can end it with

“I swear, under penalty of perjury, that the above is true. If the court does not find in my favor in this case, I request a fine reduction and a Court assignment to attend traffic school.”

That almost always works.

The Written Not Guilty Plea and the Trial by Written Declaration process is explained in depth here. https://ticketassassin.com/how-to-fight-your-california-traffic-ticket/

The Trial by Written Declaration can be done through the mail. There's a good chance you will win and then the ticket goes away. If you lose, you can have the verdict set aside with trial de novo, and then you are back in the same spot: facing an in-person court trial. (but, at least now, you'll have a Statement of Facts you've written that you can read in court).

Put a HIT on your ticket! How to contest your California traffic ticket. If you already know about the Trial by Written Declaration process and want to skip right to the Shareware Document Library, go ahead. The “courtesy notice” the court sends you after you are cited seems to suggest that you ...

11/17/2021

Reddit question: Seatbelt ticket

Q: Hey so I just got a seatbelt ticket in LA county. Is it considered a non moving violation in the state. The officer said it was a non moving violation but online it says otherwise. Didn’t know if the laws change. Most importantly, Will it end up on my driving record?

A: Seat belt tickets cost between $25 – $162 and carry no points if the driver and passenger are over the age of 16. If either the passenger or driver is under the age of 16 years-old then the ticket carries 3 DMV points which stay on your record for 3 years.

There are several Trial by Written Declaration defenses for a California Vehicle Code 27315(d) violation here: https://ticketassassin.com/how-to-fight-your-california-traffic-ticket/. Given that this ticket has no point, there's no reason not to fight this to the hilt.

Put a HIT on your ticket! How to contest your California traffic ticket. If you already know about the Trial by Written Declaration process and want to skip right to the Shareware Document Library, go ahead. The “courtesy notice” the court sends you after you are cited seems to suggest that you ...

11/17/2021

Reddit question: My friend got ticketed 94mph in a 70mph zone

Q: The catch: We were on the opposite side of the freeway.

We were on the long stretch of the freeway before King City, on the way going to San Francisco to see friends. Not much cars driving at that time. It was early in the morning between 6-7am.

The highway patrol cop probably spotted us, as my friend said he saw the patrol car driving suddenly made a u-turn on the freeway. Once my friend saw the cop made THAT u-turn he immediately drove slower like 75mph max. When he started following us for a few mins then we knew we were in trouble.

Has this happened to anyone before? What the cop did (u-turn), was that legal/okay? Is this a common way to catch people speeding? Were we just unlucky? Are radars still accurate if it is used on the opposite way?

It was July 3rd and I’ve heard stories of cops having quota or just love to keep giving tickets during holiday weekend. I asked my friend ‘Were you really driving 94 or were you just gaslit?’ My friend said he thinks he was driving around that speed, but he did not directly admit to the cop, plus he was quite nervous during the interaction. My friend is from Downey and we are currently waiting for the letter. My friend has the ticket and I will post the necessary details ( #, county etc) once I get to see it.

I guess my question is, do we have a chance to fight this or are we screwed?

Thank you for your advice.

Update: I forgot to say my friend is making bare minimum salary. A $400/500 ticket is gonna be huge dent on his finances. I will help him pay the ticket as a last resort, but would appreciate any other options or recommendations for now…

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A: When going the opposite direction, the radar device has to do some calculations including the speed of the officer's vehicle and the angle at which you were travelling. Since it involves the officer's speedometer, it is less accurate. How much less accurate? Well, probably not enough for reasonable doubt, but it doesn't hurt to try.

If there were ANY other cars on the road in your vicinity, then reasonable doubt goes way up due to beam spread and the possibility that other cars were read instead of your own.

"What the cop did (u-turn), was that legal/okay?"

Yes. You're not going to win on that.

"I asked my friend ‘Were you really driving 94 or were you just gaslit?’"

He probably accused your friend of having violated the California Vehicle Code and maybe your friend is guilty or not guilty of that. Either way, I would at the very least do a Trial by Written Declaration.

Directions for how to do a Trial by Written Declaration are on the Ticket Assassin site. Access requires basic registration. The guides are free (sort of) but if you want specific examples, then it's a $25 contribution.

"plus he was quite nervous during the interaction"

Don't fault your friend for being nervous. It is nerve-racking to be pulled over by a law officer. It's an interaction with the scariest of authority figures. They have guns. They can kill you or throw you in jail if you make them mad. So, best be respectful. And next time, have this visor guide printed out and kept with your registration in your visor.

11/17/2021

Reddit question: 100mph in 65 (35mph over) freeway

Q: 22349. I just got my First ticket I'm 26 yo. he said I was 103. he said he reduced to100mph in 65(1am) some guy was really close to my b***y so I had sped up to gain distance. and it was dark so I didn't slow down fast enough before passing CHP. He said I would get one point on my license. I am mostly concerned about my record. I will hire legal help. how bad is this situation? how difficult will this be able to fight? Thank you for any advise (read the 12 steps found my lawyer I want to work with)

A: A 22349 is a simple one-point ticket that you can dispatch with a Trial by Written Declaration.

Directions for how to do a Trial by Written Declaration are on the Ticket Assassin website. Access requires basic registration. The guides are free (sort of) but email support and some specific examples are available after a $25 contribution.

11/17/2021

Reddit question: CVC 22102

Q: Took a left turn into a parking lot drive and was literally pulled over on the parking lot by a cycle officer who wrote a ticket for an Illegal U-Turn in Business District. I have read the 12-step guide but am not sure what to write in my tbwd; to either ask for proving of case or write my own declaration. Any suggestions on how to handle this based on how often you see PD or Sheriffs claiming an illegal u-turn when turning into a business drive?

A: If your turn was 90 degrees or less, then it counts as a simple left turn. If it's over 90 degrees, it can be seen as a u-turn. In a business district, the first one is legal, the second is not.

If you can show with overhead maps (Google Earth) your path, it should really help your case.

11/17/2021

Reddit question: VC22450(A) Failure to Stop

Q: I read the 12 step guide and found out that most clerical errors will not get a ticket dismissed. The only discrepancy I noticed on my ticket is that the officer wrote the model of the car in the "make" section and wrote nothing in the model section. I understand this is a clerical error, but I have no other ideas on how to fight this ticket and increase the odds of getting it dismissed. If I go to court, is requesting deferred adjudication a good idea? Any help is appreciated, thanks!

A: You can argue the officer's point of view did not permit to see you come to a complete stop. You can argue that the officer's view was obstructed. You can argue that you stopped behind the limit line, where the officer couldn't see you. Etc. There are plenty of strategies as well as examples of how to use them on the Ticket Assassin site.

11/17/2021

Reddit Question

Q: I think I have a case to argue with a ticket that I received 10/2020. I have exhausted my extensions and pled not guilty at arraignment.I'm scheduled a court date for 08/11 at OC Westminster Justice.

Ticket violation VC21453(a) = Red or stop violation limit line or x-walk stop.

Details of the violation:

Busy day with traffic. I was approaching a traffic light to turn right with cars in front of me and behind.
I have slowed down and stopped to get my turn then slowly and safely turned right.
2 motor-officers followed me and one of them gave me a ticket for violation above. Only one officer signed it.
Officer didn't know the year or model of the car out of the registration and has the "model" wrong. He asked me about the year, and I told him.
I think I was unfairly given that violation since its typical for going straight through a red light (I've asked a traffic attorney and he confirmed). A lesser amount would have been VC21453(d); almost half of the fees.

Details of arraignment:

I asked the judge to lower the fees and I may consider guilty. He said nope.
I mentioned to him my financial inability to pay. He said nope.
I plead NOT guilty and was given a court date to argue my case.
I have 2 questions.

Can I do TWD before the court date?
Do I have a case to argue for the wrong violation and either getting lowered or dismissed?

A: "Can I do TWD before the court date?"

You can ONLY do a Trial by Written Declaration before the court date. So get to it. Directions for how to do a Trial by Written Declaration are here, https://ticketassassin.com/how-to-fight-your-california-traffic-ticket/ along with a blank TR-205 form and directions on how to fill it out. Access requires basic registration. The guides are free (sort of) but if you want specific examples, it's a $25 contribution.

"Do I have a case to argue for the wrong violation and either getting lowered or dismissed?"

A 21453(a) means you didn't come to a complete stop at the intersection. You can argue that you did, and that the officers didn't (or couldn't) see you come to a complete stop given their position, line of view, etc. There are plenty of examples on that site.

You can ask for a fine reduction and traffic school after you lose your Trial by Written Declaration or after your in-person court trial (the Trial de Novo you may have heard about).

Put a HIT on your ticket! How to contest your California traffic ticket. If you already know about the Trial by Written Declaration process and want to skip right to the Shareware Document Library, go ahead. The “courtesy notice” the court sends you after you are cited seems to suggest that you ...