There are several ways to fight these tickets, but the best way in my opinion is Trial by Declaration (TBD). The reason for this method is because you get a second trial without having to appeal if you lose the TBD. The first part of this is handled by the lawyer with your help in a Declaration. The Declaration is reviewed by the Court. If you win, it is over. If you lose the TBD, you file for a Court Trial, where you and the attorney appear to fight the ticket. Most lawyers do not like to do this because it means they have to do, in some cases, two (2) trials, and a TBD is a lot of work to start with. I think a TBD is the best way to go for you. I only charge five hundred ($500) dollars for this service.
Traffic tickets are issued for a varied of reasons. Some of the citations issued are what are referred to as fix it tickets. For example, your headlight was out, or your taillight was out. But there are more serious citations, such as,:
- Running a Stop Sign
- Running a Red Light
- Red Light Cameras
- Talking on a Cell Phone
- Changing Lanes without Signaling
- Radar and Lidar
These are just a few of the more common citations that are issued every day. As a former Reserve, Solo, Officer, I wrote a lot of these citations. Some of the citations are of course based on training, but, they also are based on the Officer’s opinion. I have to deal with this in cases where the Officer does not have radar or lidar, and does a bumper pace with his or her speedometer. Most police vehicles are checked regularly, but the Officers sometimes try to estimate the speed which causes evidentiary problems. I cross-examine Officers on a regular basis based off their observations and opinions which are not always correct.
Here are some of the problems that you will face when you when you receive a traffic citation.
- Traffic tickets cause your insurance to rise.
- A conviction can also cause loss of your license based on points for citations that the DMV totals up.
There is a fine involved
- You may be required to go to traffic school, and you pay for that plus the time it takes to do the school.
When you receive a citation, you are directed to go to a specific court. This is because traffic tickets are jurisdictional; that means you must appear in the County and District of the County in which you were cited. You must appear. If you fail to appear (FTA), the DMV will take your driving privilege, and an additional fine will be added to your case. The first appearance is called the Arraignment (this is where you are notified of the charges in open court and you enter a plea of Guilty, No Contest, or NOT GUILTY.
The best way to fight the ticket depends on the type of citation you received. For example, if you are facing serious charges with multiple issues, you will want to plead NOT GUILTY, and do a Trial by Declaration. If you lose the trail by declaration, we can then have a Court Trial. A Court Trial is you, your lawyer, the police officer, and the Commissioner or Judge. There are many ways to take on a specific case, but you have to have the facts to do that.
I offer a thirty (30) minute FREE Consultation to go over you citation and get the facts as you saw them not the police officer. Once I am representing you, I make discovery demands for evidence to help fight your case. That is why it is important for me to have the initial consultation in my office where we can draw charts of the street and traffic as you recall it; it allows us to get a better view of your case.
Unfortunately, time erodes the memory. This means you begin to forget things very quickly. Things that happened that can help you. So, make your appointment today, right now, and come in and see me. Take advantage of the FREE CONSULTATION.
Call now (510) 346-6666 Donald Gray Drewry Serving the Oakland/San Francisco Bay Area