CALIFORNIA

Speeding Ticket Defense

This report will reveal the proven system
for fighting your California speeding ticket.

www.TrafficTicketSecrets.com

By Damon Dallah

All Rights Reserved The California Report

-1-
 LEGAL DISCLAIMER:

The information contained within this report is not intended to be used as legal
advice. The California Report is a compilation from the authors own knowledge,
research, opinions, experience and by consulting some of the relevant authorities,
laws and government publications.

Every attempt was made to ensure this information is accurate and up to date. The
author disclaims any responsibility for the accuracy of the content of this book. The
publisher and author disclaim any personal liability from loss, damages, convictions,
or risk incurred as a consequence of the use and application, either directly or
indirectly, of any information or methods presented in this book.

Also note that the author does not guarantee (either expressed or implied) that any
speeding tickets will be avoided or dismissed in a court of law when this system is
being worked. The reader agrees to use this information in a reasonable manner and
at their own discretion and risk.

Do not act on or rely on any information from The California Report without
consulting with a licensed attorney as this report is not a substitute for obtaining
appropriate legal advice from competent, independent legal counsel.

TERMS OF SERVICE:

BY READING THE CALIFORNIA REPORT, YOU AGREE TO BE BOUND BY THE

PREVIOUS TERMS AND CONDITIONS OF USE. IF THESE TERMS AND CONDITIONS
ARE NOT ACCEPTABLE IN FULL, YOU MUST STOP READING ANY FURTHER.

This report contains material protected under International and Federal Copyright
Laws and Treaties. Any unauthorized use or reprints of this book is strictly
prohibited. You DO NOT have the right to repackage, copy, distribute or resell this
report! All violators will be prosecuted to the full extent of the law.

Copyright © – THE CALIFORNIA REPORT - All Rights Reserved

All Rights Reserved The California Report

-2-
How many of you cringe at the notion of having to go to court to contest a
speeding ticket? I know I do. Even with a solid defense, I absolutely hate the
whole traffic court experience.

But, if you got your speeding ticket in California, I’ve got some good news.

California offers you a unique way to contest your speeding ticket. And if
used properly, their system is much simpler and advantageous to implement,
than most other states.

However, it’s this same system that is virtually unknown to the millions of
Californians who receive a speeding ticket every year. Although the law is
there for all to see, the traffic courts have done a masterfully good job of
deception when it comes to enforcing speeding tickets.

If more people were familiar with this law, a lot of Californians could have
had their speeding tickets dismissed. It’s my mission to familiarize you with
this law and to get you to use it to your advantage.

Go to Court by Mail
Instead of going to court to defend yourself in person, you can mail what is
called a Trial by Declaration form.

A Trial by Declaration is nothing more than a document stating your

innocence with an explanation as to why you believe you are not guilty.

This is something most other states do not offer. Instead, in every other
state you are forced to personally show up to court.

However, by doing a Trial by Declaration, California allows you to fight your

ticket and go through all the legal processes direct from the comfort of your
own home.

How it works
In most states, there are usually 2 court appearances you must make. The
first to give your plea and the second is for the actual trial should you choose
to plead Not Guilty.

This is - needless to say - very time consuming.

However, in California, you can bypass BOTH court appearances! The state
allows you to plead and give your defense all through the mail.

All Rights Reserved The California Report

-3-
First Step – Written Not Guilty Plea
Your very first step once you’ve received your speeding ticket is to plead Not
Guilty. If you’ve read Beat the System, you already know this. But instead of
waiting for the arraignment date on your ticket and going to court in person
to do this, you will start immediately by mailing the courts a Written Not
Guilty plea.

NOTE: The courts will not notify you of this option. You have to formally
request it.

In this form (which is not available from the state – however in the appendix
of this report I give you a link where you can copy and print one out), you
not only inform the courts of your decision to plead Not Guilty, but you will
also request a Trial by Declaration.

Important points to remember:

 The law that allows you to submit a Written Not Guilty plea can be
found under section 40519(b) (see below).

 When you submit your Written Not Guilty Plea, you must also include
the full bail amount. This amount can be found on the courtesy notice
that is mailed to your house after receiving the ticket.

If no courtesy notice was mailed, call the court clerks office and ask
them how much the bail will be

It is not cashed, but just held until the final outcome has been
reached. In the even you are found not guilty, the courts will return
your check.

So, don’t forget to send in a check for the full amount of your ticket
when you mail in the Written Not Guilty Plea.

 You must have the envelope postmarked at least 5 days before your
actual trial, in order for it to be accepted.

 If your Written Not Guilty Plea can not be post marked prior to 5 days,
you can always hand it in person.

All Rights Reserved The California Report

-4-
Second Step – Trial by Declaration
Once you’ve received the Trial by Declaration state approved form, simply fill
it out and mail it back to the courts. It’s as easy as that.

What to Send
Basically, you’re allowed to send anything relevant to the case that can prove
your innocence. Your testimony, witness testimony and evidence such as
pictures and diagrams can all be sent.

When to send
After you’ve received your Trial by Declaration form, you then will have
between 3 to 4 weeks to send it in, depending on your local jurisdiction. The
sooner you send it in, the better.

Also, the proper way to send it will be by return receipt. Have them sign for
it. Keep all records of everything you send.

The police officer who gave you the ticket will also have the same amount of
time to send in his form to the court stating your guilt.

Advantages
The advantages to having a Trial by Declaration may seem obvious at first. It
goes without saying, but not having to go to court and fight your ticket in
person is definitely a plus.

But here’s something you probably didn’t know… police officer’s DO NOT get
paid for this type of declaration process. They do not get compensated for
taking the time and energy to fill out their own declaration (like they do for
going to court) and as such, some police officers will fail to do so.

If they do not send in their declaration to the court by the assigned deadline,
your ticket will be dismissed and your bail amount will also be returned.

Although it is somewhat of a gamble relying on the officer to not fill out the
proper paper work, it does happen and tickets do get dismissed all the time.
The police officer would much rather show up to court and collect his $100 to
$200 in extra overtime pay than to sit behind a desk crouched over filling out
paperwork he is not getting paid to do.

All Rights Reserved The California Report

-5-
What to Write
You may write anything at all you feel will explain your situation and help
prove you’re innocent. However, if you know you were speeding and would
like to use the Trial by Declaration as a means of increasing your chances of
getting your ticket dismissed (by the officer failing to send his in), then I
suggest you only write three words on it:

I’m Not Guilty!

Then sign it and send it in. However, with this method, you will be relying
solely on the notion that the officer will not send his in. I can’t say for sure
how often this happens, but it does happen more frequently than you might
expect. Again, if he doesn’t send his copy, your ticket will be dismissed.

But there is an even more important advantage that most people are
unaware of. If after sending in your Trial by Declaration, you are found
guilty, you can have a totally NEW trial. It’s called a Trial de Novo.

Trial de Novo
A Trial de Novo is simply Latin for “New Trial”. Under section 40902(d) any
person who has been found guilty of a traffic related trial that began as a
Trial by Declaration, is entitled to a new trial.

After you have been informed by the state that you were ultimately found
guilty, you have from that point 20 days to submit your request for a Trial de
Novo. You can pick up the form, either from the court clerk or by scrolling
down to the appendix at the end of this report.

This new trial will be an in-person trial and you would be given the right to
face your accuser, the police officer. Incidentally, since traffic cases in
California are civil in nature, there will not be a prosecutor present in court.
It’s just you, the cop and of course the judge.

Just remember, like all court cases, if the police officer fails to show up for
court, your ticket should be dismissed. If he does show up, just use the
MUTCD Defense. This defense is extremely effective in California.

To handle this scenario properly in court, please reference Beat the System.

The Big Picture

I’m sure by now you can see why fighting a traffic ticket in California is much
different than most states. California actually INCREASES your chances at
beating your speeding ticket.

All Rights Reserved The California Report

-6-
First, it’s nice to not have to go to court to fight your speeding ticket.

Second, if the officer does not right his declaration to the courts by the
deadline, your speeding ticket will be dismissed.

Third, if you’re still found guilty of the charge against you, you are allowed
under law to have a totally new trial.

This new trial is usually several months from the original infraction which will
have a huge outcome during the trial. The officer will not be able to
remember certain aspects of the stop which can render his testimony a lack
of credibility, tremendously throwing things in your favor.

Not only that, but since the trial is literally months from the time you got
pulled over, the chances of the officer not showing up increase.

This is basically all that needs to be done. Don’t waste any more time, get
started today!

All Rights Reserved The California Report

-7-
The Laws and Rules to Follow:
Written Not Guilty Plea
The law that allows you to submit a written not guilty plea can be found
under section 40519(b) which states...

(b) Any person who has received a written notice to appear may, prior to the time at
which the person is required to appear, plead not guilty in writing in lieu of appearing
in person. The written plea shall be directed to the court named in the notice to
appear and, if mailed, shall be sent by certified or registered mail postmarked not
later than five days prior to the day upon which appearance is required. The written
plea and request to the court or city agency shall be accompanied by a deposit
consisting of the amount of bail established pursuant to Section 1269b of the Penal
Code, together with any assessment required by Section 42006 of this code or
Section 1464 of the Penal Code, for that offense, which amount shall be used for the
purpose of guaranteeing the appearance of the defendant at the time and place set
by the court for trial and to apply toward the payment of any fine or assessment
prescribed by the court in the event of conviction. Upon receipt of the plea and
deposit, the case shall be set for arraignment and trial on the same date, unless the
defendant requests separate arraignment. Thereafter, the case shall be conducted in
the same manner as if the defendant had appeared in person, had made his or her
plea in open court, and had deposited that sum as bail. The court or the clerk of the
court shall notify the accused of the time and place of trial by first- class mail
postmarked at least 10 days prior to the time set for the trial. Any person using this
procedure shall be deemed to have waived the right to be tried within the statutory
period.

Trial by Declaration
The law that allows you the Trial by Declaration is in CVC 40902 which
states…..

(a) (1) The court, pursuant to this section, shall, by rule, provide that the defendant
may elect to have a trial by written declaration upon any alleged infraction, as
charged by the citing officer, involving a violation of this code or any local ordinance
adopted pursuant to this code, other than an infraction cited pursuant to Article 2
(commencing with Section 23152) of Chapter 12 of Division 11.

(2) The Judicial Council may adopt rules and forms governing trials by declaration in
accordance with this section. Any rule or form adopted by the Judicial Council
pursuant to this paragraph shall supersede any local rule of a court adopted pursuant
to paragraph (1).

(b) If the defendant elects to have a trial by written declaration, the defendant shall,
at the time of submitting that declaration, submit bail in the amount established in
the uniform traffic penalty schedule pursuant to Section 40310. If the defendant is
found not guilty or if the charges are otherwise dismissed, the amount of the bail
shall be promptly refunded to the defendant.

All Rights Reserved The California Report

-8-
Trial de Novo
The law that allows you the chance for a new trial is section 40902(d) which
states…

(d) If the defendant is dissatisfied with a decision of the court in a proceeding

pursuant to this section, the defendant shall be granted a Trial de Novo.

All Rights Reserved The California Report

-9-
 Appendix

CVC 40519(b)

Written Not Guilty Plea:

http://www.trafficticketsecrets.com/writtennotguiltyplea.html

CVC 40902(d)

Trial de Novo Form:

http://www.courtinfo.ca.gov/forms/fillable/tr220.pdf

All Rights Reserved The California Report

- 10 -