22407 vc Trial by Written Declaration Sample Letter

22407 vc Trial by Written Declaration Sample Letter - There are two options to fight a 22407 vc speeding ticket; 1- Court trial or 2- Trail by written declaration. A court trial requires for the defendant or legal representative to appear in court to contest the speeding ticket. As a result this option is usually very time consuming and costly. In order to show up in court, most people have to take time off work to 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 through the mail. According to California Vehicle Code section 40902 a defendant may choose to challenge traffic infraction citations in writing, without appearance in person at traffic court. This procedure is called a "trial by written declaration." Trials by written declaration are allowed for infraction violations of the Vehicle Code or of local ordinances that are adopted under the Vehicle Code.

Basically the defendant is required to complete the trial by written declaration form TR-205 and mail it to the court by the due date on the ticket. In the TR-205 the defendant should explain as to why the ticket should be dismissed. Once the court receives the trial by written declaration form from the defendant the court notifies the officer to submit a declaration to the court that explains the officer's argument as to why the ticket is valid. Usually the officer will be given 30 days to respond. Once the court has both written declarations, the court will review the declarations and issue a verdict. 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 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.

22407 vc Trial by Written Declaration Sample Letter

In order to prepare a trial by written declaration the defendant must use the form TR-205. This is a very 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 22407 vc trial by written declaration sample letter, you can access it from the link below:

•  22407 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. 

California vehicle code section 22407:

22407 vc - Whenever the Department of Transportation or local authority determines upon the basis of engineering studies and a traffic survey that the speed of 55 miles per hour is more than is reasonable or safe for vehicles mentioned in subdivision (a) of Section 22406, which have a manufacturer’s gross vehicle weight rating of 10,000 pounds or more, in descending a grade upon any portion of a highway, the department or local authority, with respect to highways under their respective jurisdiction, may determine and declare a speed limit of 50, 45, 40, 35, 30, 25, or 20 miles per hour, whichever is found most appropriate to facilitate the orderly movement of traffic and is reasonable and safe, which declared speed limit shall be effective for such vehicles when appropriate signs giving notice thereof are erected upon the highway.

(Amended by Stats. 1973, Ch. 82, Sec. 1.)