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How It Works
All it takes is 5 easy steps for the whole process to be complete
We’ve all been there. We know how busy life in California can get and how much a ticket can complicate things. You need to take time off of your busy schedule, go to court, see a judge, request a trial date, go back to court and present your case to the judge against the officer. Why go through all of this hassle when you can fight your ticket from the convenience of your home. Most tickets give you the option to fight it by what is known as a Trial by Written Declaration. A Trial by Written Declaration allows you to contest a citation in writing without having to make a personal court appearance. You would need to fill out a form required by the court, include material with evidence relevant to your case and the correct language required by the court. The completed form would then need to be sent to the court along with a payment of the required bail amount to the court. After the court processes your written request, the officer will then be given the opportunity to respond. If your argument in your written request is legally compelling and reasonable to the judge, the more likely it is that your ticket will be dismissed. However, seeking the best legal argument(s) to defend your case can be challenging and this is where Fix a Fine comes in For your reference, we have listed the California vehicle code section 40902 which governs the Trial by Written Declaration forTraffic infraction cases:
40902. (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. (c) Notwithstanding Division 10 (commencing with Section 1200) of the Evidence Code, the rules governing trials by written declaration may provide for testimony and other relevant evidence to be introduced in the form of a notice to appear issued pursuant to Section 40500, a business record or receipt, a sworn declaration of the arresting officer, or a written statement or letter signed by the defendant. (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. |
   11/17/2011 As if my life weren't stressful and exhausting enough, dealing with a traffic ticket was the last thing I wanted on my "to-do" list. I'm so glad I found these guys online. They took care of everything for me and made it clear for me as far as what I had to do. More important, they're very friendly. Gary knew I didn't know much about how things work in the legal aspect of handling traffic tickets so he was kind enough to explain everything for me, making me feel comfortable and more secure about choosing Fix a Fine. Best of all, my ticket was dismissed :) " George Roberson San Jose, CA |
