Ticket Trial by Declaration Law

Trial by Declaration Legal Issues

Trial by Declaration Law:

When a person receives a traffic citation for an infraction, he or she may choose to fight it one of two ways: either by an in-court trial or a trial by declaration. A trial by declaration means the defendant can write and mail in a statement to fight his or her citation, rather than appearing in court in person. The steps involved in a trial by declaration are typically as follows:

• Request a trial by declaration either in person or by mail to the court to which your ticket was assigned. You will also have to pay the citation fee up front (however it will be returned if you are found not guilty).
• The court will mail you further instructions and a trial by declaration form.
• Prepare and mail in a written statement about why you are not guilty, explaining the facts of your case and submitting any evidence you may have
• The officer that gave the citation will also send in a written statement.
• The court's decision will be mailed to you.
• If you are found not guilty, the penalty or fine you paid will be returned to you and the case will be dismissed. Nothing will appear on your record. .
• If you are still found guilty, you may then request a second trial but it must be held in person in court.

What a Traffic Lawyer can do for you:

Fighting a traffic ticket is not always as easy as it seems. If the citing officer has evidence against you and/or prepares a strong written statement, you may not win your trial by declaration. Your statement and supporting evidence should therefore be clear, concise and well written. An experienced traffic attorney can help you by preparing the trial by declaration for you.

A traffic attorney can explain your rights if you are given a traffic citation and will help you file a request for a trial by declaration. There are certain time limits on filing for this, and traffic lawyers are well versed in these restrictions. An experienced traffic attorney can help you gather evidence and will write your trial by declaration for you, based on your explanation of the situation. Having a lawyer's help in this gives you the best chance at winning your case and having your citation dropped.

Lawyer Referral Service:

Attorney Search Network will assist you in finding a traffic lawyer that will help you in your trial by declaration case. Call us if you have any questions about traffic ticket appeals and trials by declaration.

If you have any questions about the information provided above, please contact us today. Call us toll free at (800) 215-1190 or fill out our online form for your free Traffic lawyer referral.