Thursday, May 11, 2006

stickin' it to the man, part two

The poor attitude exhibited in my last post has passed. Yes, I still have a gigantic zit on my nose and an atrocious up-do, but what are you gonna do. I’ll tell you what I’m gonna do: buck up, drink a caffeine-free Diet Coke and tell you about something really awesome that happened to me recently. Like, really awesome. Not sarcastic awesome.

Did you know that if you get a speeding ticket in the state of California, you have the right to a Trial by Written Declaration? That means you can fight your ticket by mail without ever having to step in front of a judge. And furthermore, if you do not like the way the judge rules in this Trial by Written Declaration, did you know that you have the right to request an entirely new trial? Yes. It is true. I know this because I am a nerd and read the vehicle code.

I am not so much of a nerd that I read the vehicle code for fun. I read it because yes, I got a ticket for ALLEGEDLY going 47 in a 35 mph zone. I repeat, allegedly. This troubled me. This troubled me because it was my second ticket in less than 18 months (um, for speeding) which means that I couldn’t go to traffic school to get it off my record. So, I decided to pursue a Trial by Written Declaration because after all? What did I have to lose.

I will now detail the chronology of me fighting the power.

I sent a letter requesting a Trial by Written Declaration, enclosing my bail payment of $119.50.
The court sent me back the forms I needed to submit evidence on my behalf.
I wrote up all such evidence and had my attorney (for full disclosure, I should say my husband who is an attorney) review it.
I mail the stuff to the court.
I anxiously await the judge’s decision over the next six weeks and obsessively check the mailbox hoping for news of my fate.

And then, it happened. I got a notice from the court in Saturday’s mail. I opened it up and guess what? My ticket had been dismissed! Either my case had been incredibly well-argued, or the cop who cited me had failed to respond in the time he was given.

Either way, they will be refunding the money I paid for the ticket and for now, the People of the State of California are off my back.

5 comments:

Newlywife said...

That is the single greatest thing I have heard relating the practice of law. How did I miss this? Oh, to have all cases argued by written declaration!

Congratulations. If it was me, I would opt to think it was my amazing powers of persuasive writing, rather than the unfathomable laziness of law enforcement.

Amy said...

woohoo!! That is so awesome! Man, I have got to find an attorney to marry, you just never know when that will come in handy! j/k Well done!

Poka Bean said...

wish you knew this fantastic information before i paid up all those ALLEGED parking violations that i got ON MY WEDDING DAY. retarded. congrats to you, though. so glad you beat down the man!

Amy said...

Just saying hi today and wishing you a happy Monday!

undercover celebrity said...

Ok, you have just changed my life. Rocked my world in such a profound way!

It kind of makes me want to get a ticket so I can test your new system. But instead, I'll just sleep peacefully knowing that there is justice in this world.

I am DYING to know what your appeal said -- since there is no "evidence"