22349 b vc Trial by Written Declaration Sample Letter

22349 b vc Trial by Written Declaration Sample Letter - There are two options to contest a 22349 b vc speeding ticket in traffic court; 1- Court trial or 2- Trail by written declaration. A court trial requires for the accused or his/her legal representative to appear in court to contest the speeding ticket. As a result this option is usually very time consuming and/or costly. In order to appear in traffic court, most people have to take time off work, drive to court and wait a few hours for the court proceedings to complete. In contrast, contesting a speeding ticket with a trial by written declaration does not require for the defendant to appear in court. A trial by written declaration is done by mail correspondence. 

In a declaration trial the defendant is required to complete the trial by written declaration form TR-205 and send it to the court by the due date on the speeding ticket. In the TR-205 the defendant should explain the defense and the arguments as to why the ticket should be dismissed. Once the court receives the trial by written declaration form TR-205 from the defendant the court will notify the officer to submit the officer declaration to the court and explain the officer's argument as to why the ticket is valid. Usually the officer will have 30 days to respond. Once the court has both written declarations, the court will review the declarations and come to a verdict. Then, the verdict will be mailed to the defendant.

It may take 60 days or even 90+ days to get the verdict for a  trail by written declaration from the traffic court. The advantage of doing a trial by written declaration is that if the verdict comes back a guilty, the defendant has a right to ask the court to do traffic school or even better the defendant has the right to ask for a new trial (Trial De Novo).  A trial de novo gives the defendant to fight the case all over again in front of a new judge as if the trial by written declaration did not even take place. Traffic court is the only court that a defendant may contest the case twice. Therefore, by doing a trial by written declaration a defendant does not have anything to lose.

22349 b vc Trial by Written Declaration Sample Letter

In order to do a trial by written declaration the defendant must use the form TR-205. This is a very easy and simple form to complete. The first page of the form should be used to enter basic information such as name, address, citation number and any documents that the defendant intends to use for the defense. However, the most important part of the form that will have direct impact on the outcome of the case is Item #6, Declaration of Facts. This section is where the defendant will explain the reasons for which the ticket should be dismissed. If you are looking for a 22349 b vc trial by written declaration sample letter, you can access it from the link below:

•  22349 b vc Trial by Written Declaration Sample Letter

In the sample we provide you with information that is important to prepare a viable declaration of facts. Obviously, each traffic ticket is different and the details should relate to the specifics of each traffic ticket that addresses the fact of that particular situation.

If you decide to move forward with a trial by written declaration, we can help prepare all your documents for you. Our experts have been helping thousand of people all over California fight their traffic tickets  for more than 10 years excellent success rate for trial by written declaration and we can do the same for you. The best part is that we have 100% money back guarantee for our basic service fee so there is no risk for you to use our service. Signup now to give us as much time as possible to help prepare a winning document for you. 

Below is the California vehicle code section 22349:

22349 a vc - Except as provided in Section 22356, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour.

22349 b vc - Notwithstanding any other provision of law, no person may drive a vehicle upon a two-lane, undivided highway at a speed greater than 55 miles per hour unless that highway, or portion thereof, has been posted for a higher speed by the Department of Transportation or appropriate local agency upon the basis of an engineering and traffic survey. For purposes of this subdivision, the following apply:

(1) A two-lane, undivided highway is a highway with not more than one through lane of travel in each direction.

(2) Passing lanes may not be considered when determining the number of through lanes.

(c) It is the intent of the Legislature that there be reasonable signing on affected two-lane, undivided highways described in subdivision (b) in continuing the 55 miles-per-hour speed limit, including placing signs at county boundaries to the extent possible, and at other appropriate locations.