Saturday, June 9, 2012

Trial By Declaration, What To Do When It Goes Wrong

In California, a speeding ticket can be fought by filing what is called a written trial by declaration.  In Kern County Courts the form is available online and the process is fairly simple, no legal training is necessary.  The process starts with filling out the declaration and stating why you believe you are not guilty of the speeding ticket.  Once you submit your written request and form the case gets transferred to the clerks office who will then request that the officer that wrote the ticket respond by writing his own statement of what happened,  the case then goes to the judge who decides which version is more credible and whether the state has met their burden of proof beyond a reasonable doubt.  But what happens when the trial by written declaration in Kern county is denied?  Well, according to Bruce Blythe a speeding ticket attorney in shafter ca , the case can still be fought.  the defendant can request a trial de novo and get a second bite at the apple.  The case will be set for trial and a lawyer can appear and fight the ticket for you if you cannot appear in court.  The success rate for attorneys is typically well over 90 percent.