l*****0
发帖数: 51 | 1 加州已经不再是大家熟悉的加州了，经济下滑，失业上升。不见截流，只见开源。搬到
加州六年多，累计得罚单数张，并见罚金逐年上涨。所幸重要罚单都被取消。罚单的重
大影响在于保险。所以fighting罚单的重要性显而易见。以下为我的数据（包含帮助的
朋友及网友）。
3 - SpeedingTicket at San Diego (Won)
1 - SpeedingTicket at Los Angeles (Won)
1 - Run Stop Sign (Won)
1 - Driving while on cell phone (lost)
所以个人觉得还是很值得一试。
工作关系，可能有一定延迟。我尽量争取尽快完成。 |
t*Q
发帖数: 7840 | 2 鼓励楼主续贴。当然，劝大家始终要注意安全驾驶，于己、于人都有好处。
【在 l*****0 的大作中提到】
: 加州已经不再是大家熟悉的加州了，经济下滑，失业上升。不见截流，只见开源。搬到
: 加州六年多，累计得罚单数张，并见罚金逐年上涨。所幸重要罚单都被取消。罚单的重
: 大影响在于保险。所以fighting罚单的重要性显而易见。以下为我的数据（包含帮助的
: 朋友及网友）。
: 3 - SpeedingTicket at San Diego (Won)
: 1 - SpeedingTicket at Los Angeles (Won)
: 1 - Run Stop Sign (Won)
: 1 - Driving while on cell phone (lost)
: 所以个人觉得还是很值得一试。
: 工作关系，可能有一定延迟。我尽量争取尽快完成。
|
l*****0
发帖数: 51 | 3 首先，大家应该了解处理罚单的三种方式。
1。接受罚单，交付款。有些违章不影响保险及点数，比如第一次的开车打手机罚单。
但是严重的可以使保险大幅度增长达50%。 所以不管你认为有理无理都应该战斗：-）
2。上法庭。按照罚单的日期出庭。有人希望开罚单的警察不去。这基本不可能。因为
同一个警察通常都把罚单定在固定的日期出庭，这样一来他/她可以同时处理多起罚单
，二来警察出庭时有额外补助，所以他们喜欢出庭。通常的结果是可以减免罚单数额，
但是依然影响保险。当然你可以要求去驾校，但纯属浪费时间。而且要18个月无罚单才
可。
3。Trail By Declaration （TBD）. 加州CVC 40519(b)允许你通过邮件申诉任何交通
违规行为。通过书面不认罪并要求CVC 40902书面审判。如果书面审判失败，还有20天
要求重新法庭审判。
按照TBD，法庭会将你的CASE申诉寄给开单的警察准备反审诉。警察要利用自己的工作
之余处理这些信件，也没有补贴。所以很多时候就没有回音。法庭依此判你胜诉。 |
l*****0
发帖数: 51 | 4 Ok, I am going to go with English. Typing Chinese is killing me ... Sorry.
if you don't read English, try to learn it :-) or use Google Translator.
Below will be step 1. Plea not Guity and want to do Trail by Declaration.
You must include the full bail amount indicated on your "courtesy" notice
when submitting a Written Not Guilty Plea. If you mail your plea, it must be
postmarked at least five days prior to your appearance date via certified
or registered mail. This appearance date is indicated on the bottom of your
ticket. If you have less than five days left before your appearance date,
you can still deliver your Written Not Guilty Plea to the court in person.
Below is the sample of a Not Guity Plea. Search online for more info if you
want. but basically this is what you need. you need to paste to a blank doc
and make it looks nicer. Make sure you put the right citation number and CVC
violation number in the template.
CVC 40519(b) Written Not Guilty Plea
To: Traffic Court Clerk
Date:
Court Name:
Court Address:
________________________________________
Re: Written Not Guilty Plea for Citation #__xxxxx__, dated __xxx__.
Dear Traffic Court Clerk:
I hereby waive arraignment pursuant to Section 40519(b) of the California
Vehicle Code and plead Not Guilty to violating CVC xxxx.
I request a Trial by Written Declaration pursuant to CVC 40902. I have
enclosed a check for bail as required.
Sincerely,
________________________________________(signature)
Defendant in Pro Per
________________________________________Date
Defendant's Name:
Address: ________________________________________
Phone Number: |
l*****0
发帖数: 51 | 5 Step 2: Upon receipt of your Written Not Guilty Plea, the court will send
you a blank TR205: Trial By Written Declaration form. this is the form you
will fill out and explain why you are not guity. I will post some examples
on different CVC violations. but remember a few things NOT TO DO:
1. Never personally accuse the officer. They are just doing their job.
2. DON"T use bad words. even the post here will be banned with curse words.
3. Be clear and straight.
4. try not to be too personal... you are writing a court doc not a drama. |
l*****0
发帖数: 51 | 6 Speeding ticket 22349 (a)
===========================================
STATEMENT OF FACTS
Defendant's Name: xxxxx
Case No.: xxxxx (from your court reply)
I respectfully submit this written declaration to the Court pursuant to CVC
40902. I plead Not Guilty to the charge of violating CVC 22349(a).
The facts of my case are as follows: While driving northbound on I-5 at 1045
on 11-10-96, I was stopped by SDPD Officer xxxxx (I.D.#xxxxx) and was
charged with violating CVC 22349(a). Though Officer xxxxx has alleged that I
was driving 75mph in a 65mph zone, I believe that I was driving no faster
than 70 mph.
The Basic Speed Law, 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."
On my citation, the officer noted that the road was dry and clear with light
traffic. Where I was stopped, Interstate 5 is a well-maintained four lane
freeway, quite safe to travel on at approximately 70 mph with favorable
weather and road conditions.
Section (b) of Speed Law Violations, CVC 22351(b), states: "The speed of any
vehicle upon a highway in excess of the prima facie speed limits...or
established as authorized in this code is prima facie unlawful unless the
defendant establishes by competent evidence that the speed in excess of said
limits did not constitute a violation of the basic speed law at the time,
place and under the conditions then existing."
The conditions existing at the time and place of my stop (favorable
conditions attested to by Officer xxxxx in my citation) were favorable and
made the speed I was traveling Safe and Reasonable under these conditions.
As such, I know that I was not in violation of the basic speed law at the
time and place of my citation and, pursuant to CVC 22351(b), contest that my
speed at the time of my traffic stop was therefore not prima facie unlawful
.
I trust in the Court's fairness and believe that my citation should be
dismissed in the interest of justice.
If the court does not find in my favor in this case, I 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.
Date:
----------------------------------------------------------------------------
----
xxxxx, Defendant in Pro Per |
l*****0
发帖数: 51 | 7 Ok, got a little busy. but if you are interested, put your violation here I
will see if I can put an example for you.
that is the end for now...
Keep on fighting and good luck.
And always remember: Drive safely, for your family, and for yourself.
you don't want to spend that life insurance money, trust me ... |
m******o
发帖数: 510 | 8 interesting argument. I have thought the charget to 22349(a) is barely argua
ble using 22350 as it clearly says:
Except as provided in Section 22356, no person may drive a vehicle upon a hi
ghway at a speed greater than 65 miles per hour.
^^^^^^^^^^
Next time if I get unlucky, I will give it a try using this as a template. :
)
CVC
1045
I
【在 l*****0 的大作中提到】
: Speeding ticket 22349 (a)
: ===========================================
: STATEMENT OF FACTS
: Defendant's Name: xxxxx
: Case No.: xxxxx (from your court reply)
: I respectfully submit this written declaration to the Court pursuant to CVC
: 40902. I plead Not Guilty to the charge of violating CVC 22349(a).
: The facts of my case are as follows: While driving northbound on I-5 at 1045
: on 11-10-96, I was stopped by SDPD Officer xxxxx (I.D.#xxxxx) and was
: charged with violating CVC 22349(a). Though Officer xxxxx has alleged that I
|
l*****0
发帖数: 51 | 9 there are multiple templates we can use for 22349(a). for Example,
22349(a): Maximum Speed Law (exceeding 65 MPH)
• Sped up Momentarily to Yield to Tailgater
• Speed Above 65mph was Safe for Conditions
• Speed of Traffic Made it Unsafe to Drive at 65mph
• Aircraft enforced, Illegal Speed Trap from Air.
etc...etc...
so based on different scenario, a different statement should be used.
Good luck and hopefully there is no next time. (knock the wood) |
v***y
发帖数: 7583 | 10 我记得现在是收到罚单之后就可以直接自己download TR205连同罚款一起寄回去了，不
用预先request Written Trial。
今年四月的时候我就是这么干的
.
【在 l*****0 的大作中提到】
: Step 2: Upon receipt of your Written Not Guilty Plea, the court will send
: you a blank TR205: Trial By Written Declaration form. this is the form you
: will fill out and explain why you are not guity. I will post some examples
: on different CVC violations. but remember a few things NOT TO DO:
: 1. Never personally accuse the officer. They are just doing their job.
: 2. DON"T use bad words. even the post here will be banned with curse words.
: 3. Be clear and straight.
: 4. try not to be too personal... you are writing a court doc not a drama.
|
l*****0
发帖数: 51 | 11 Did you win the case?
【在 v***y 的大作中提到】
: 我记得现在是收到罚单之后就可以直接自己download TR205连同罚款一起寄回去了，不
: 用预先request Written Trial。
: 今年四月的时候我就是这么干的
:
: .
|
v***y
发帖数: 7583 | 12 no，判了输
【在 l*****0 的大作中提到】
: Did you win the case?
|
