Trail By Declaration (TBD)
Advantages of fighting the ticket with a Trial by Declaration (TBD)

* The cost is much less than my fighting it in a Court Trial. Oh Sure, the chances to win in Court are so much greater and so is the cost, that’s why I recommend you fight your traffic ticket with a TBD.
* You can’t lose your right to a court trial or traffic school if you qualify and you can win the case. Especially, if you hire me to fight your traffic ticket it for you.
I use powerful law defenses designed to disqualify the officer’s evidence. How do I do that? Well I know what the officer is going to do when he files his response to my trial by written declaration, and what the officer will do on his form consists of inadmissible evidence that cant be used against you. I have a special memorandum of law that shows the judge that the officer’s evidence is inadmissible because of a technical legal screw-up in the officer’s declaration form. I even give the court a defense exhibit consisting of the officer’s declaration pointing out the inadmissible evidence on the form.
* The officer may fail to file a response and you win.
* The officer may fail to show up at the court trial.
* The officer may state that he has no recollection of the event.
* The officer may lose his notes in preparing for the TBD and fail to have them at the court trial.

Here are a few ways to win with a Trial by Declaration:

* The officer may fail to file his response (Officer’s Declaration).
* The officer may not remember the facts and not file his response.
* The officer only has 30 days to file his answer, if he’s late, you win.
* If the officer has filed his response, the case may be dismissed because your law defenses knock his evidence out.
* The officer may not appear at trial.Many officers fail to show up for trial and you win.
Why do they fail to show up? Who knows? Was he Tired, on vacation? Doesn’t really care? He can’t remember the facts?There are more human reasons than can be counted.


The Los Angeles Superior Court Traffic Online Services page says:

Written Trial By Declaration

A written trial by declaration is a procedure where, instead of going to court for a trial on your citation, you mail or bring in a written statement on a Trial By Declaration form explaining the facts of your case and why the Court should rule in your favor. You may also include any documentary evidence you feel is helpful. The officer who issued the citation might also be asked to submit a written statement. You must waive your rights to appear, to testify in person, and to subpoena witnesses.

You will be asked to deposit the bail amount in advance at the time you request a trial by declaration.

If the Court finds you guilty, you may request a court trial. This request must be in writing and must be received by the Clerk's Office within 20 days of the date of mailing the Court's decision.

If you are found guilty, your bail deposit will be applied toward the fine, if one is imposed. If the fine is suspended or if you are found not guilty, your bail is usually refunded to you by mail within six to eight weeks to the address listed on the case.

Please read the Trial by Declaration "Instructions to Defendant." This information, as well as the Trial by Declaration form and the Request for New Trial (Trial De Novo) forms, can be found on the California State Judicial Council's web site. Look under the subheading of "Traffic Infractions." You must have Adobe Acrobat Reader to read/print these forms. If you do not have Adobe Acrobat Reader, you may download the application for free from Adobe's Web Site.

There are three alternatives to signing up for Written Trial by Declaration:

* On this site.
* By telephone.
* In person at the Court location marked on your citation.

http://www.lasuperiorcourt.org/Traffic/options.asp