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Thread: CA Legal Advice Needed

  1. #21
    The Original Smartass piginajeep's Avatar
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    Quote Originally Posted by HighwayTrout View Post
    The real issue.
    Yeah fuck those guys!
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  2. #22
    Caught the Bug Good2Go's Avatar
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    CA Legal Advice Needed

    https://www.courts.ca.gov/34713.htm

    Look up “trial by declaration”. You can dispute the ticket in writing without showing up personally. If the officer does not respond in writing within a set amount of time, the ticket is dismissed. Even if the officer responds, you can still proceed to pay the fine, or show up personally in court anyway. You have nothing to lose.

    I’ve “heard” that someone wrote on their trial by declaration, “I’m not guilty” and it was dismissed because a lack of response by the officer.

    Oh, and by the way, I’m Not giving legal advice!!!!!!!!

    PS: I got pulled over leaving Moab by Utah Highway Patrol after EJS and only got a warning. I think the officer must have liked Jeeps. If this happened in CA, they would have called a SWAT team!





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  3. #23
    Old Timer fiend's Avatar
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    CA Legal Advice Needed

    Quote Originally Posted by Good2Go View Post
    https://www.courts.ca.gov/34713.htm

    If the officer does not respond in writing within a set amount of time, the ticket is dismissed.


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    I don’t see this at the link you provided.

    I think if you look closely at the ticket, you’ll see it’s a sworn declaration signed by the officer under oath. So technically the office doesn’t have to submit anything else as long as s/he filled out the form correctly and signed it.

    In a “trial by declaration” situation, do you think a government employee (the judge) is going to believe a fellow government employee about things within the scope of the employee’s responsibilities, or believe some random citizen who’s trying to get out from paying a fine?




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  4. #24
    Caught the Bug Good2Go's Avatar
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    Quote Originally Posted by fiend View Post
    I don’t see this at the link you provided.

    In a “trial by declaration” situation, do you think a government employee (the judge) is going to believe a fellow government employee about things within the scope of the employee’s responsibilities, or believe some random citizen who’s trying to get out from paying a fine?




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    When I did a trial by declaration, the officer did have to respond and I got a copy of this “evidence”. Of course, I had the disadvantage of actually being guilty.

    My point is that you have nothing to lose by trying other than some time and a little effort. Or you can pay $99 to have it filed for you and it׳s refundable if you lose.


    https://ticketninjaca.com/advantages...y-declaration/

    https://www.yelp.com/biz/ticket-ninja-calabasas


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  5. #25
    Addict jesse3638's Avatar
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    Never even heard of trial by declaration before. May look into that. Thanks

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  6. #26
    Knows a Thing or Two Jkzinger's Avatar
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    Meanwhile we allow illegals to drive in California. I just can’t wrap my head around it.[/QUOTE]

    That’s cause they vote Democrat!



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  7. #27
    Been Around the Block PokerStogey's Avatar
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    Quote Originally Posted by Seahawkfan View Post
    [ Also the state or chp makes zero pennies from tickets issued.
    Does the money go Federal ?[/QUOTE]

    Goes to the county where the violation occurred


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  8. #28
    Knows a Thing or Two Seahawkfan's Avatar
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    Quote Originally Posted by PokerStogey View Post
    Does the money go Federal ?
    Goes to the county where the violation occurred


    Sent from my iPhone using WAYALIFE mobile app[/QUOTE]

    Makes sense.. My son decided to use the 91 FastTrak without a transponder. Failed to go online and pay the fee got him 2 tickets for $87 each for crossing county line Riverside County into Orange County. I believe the reader is on the county line. I felt it was like double dipping. Like driving under the influence through 3 counties do get 3 DUI's.

  9. #29
    Hooked Jkratt's Avatar
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    First off, what section of the CVC did they cite you for? Look up online if it qualifies for a correctable violation. If so, make the correction and get it signed off at your local CHP office. Sometimes even if the violation is considered correctable, the officer won't check the box because they are xxx's. I have noticed more violations associated with plates I think it's becasue of the toll roads and their ability to get audimated citations, red light cameras, toll roads, etc.

    You make need to either adjust the handle or make a bracket for the plate to fix it. If you have the original bracket put it back on to get the ticket signed off.

    Got a warning for a new car on the toll road because it had no plates. Didn't even think that would be an issue. Now new cars leave the dealer with a real paper plate, obviously to get revenue.

  10. #30
    Addict jesse3638's Avatar
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    Quote Originally Posted by Jkratt View Post
    First off, what section of the CVC did they cite you for? Look up online if it qualifies for a correctable violation. If so, make the correction and get it signed off at your local CHP office. Sometimes even if the violation is considered correctable, the officer won't check the box because they are xxx's. I have noticed more violations associated with plates I think it's becasue of the toll roads and their ability to get audimated citations, red light cameras, toll roads, etc.

    You make need to either adjust the handle or make a bracket for the plate to fix it. If you have the original bracket put it back on to get the ticket signed off.

    Got a warning for a new car on the toll road because it had no plates. Didn't even think that would be an issue. Now new cars leave the dealer with a real paper plate, obviously to get revenue.
    We received the citation in the mail. $196 and it's not correctable which I found odd. Its in the factory location. I'm probably going with rock hard's relocation bracket which moves it to the center of the spare.

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