SMCM Citation Appeals
Thread started by
jericho1ne at 12.29.07 - 2:52 pm
Whatup Riders,
Due to a cyclist's recent success in defeating a questionable citation
(please see quote below), we would like to encourage those of you who
have been unfairly ticketed in previous Critical Mass rides to stand
up and file a complaint or appeal. There are two things you can do:
- go to the SMPD Traffic Division to appeal in person:
http://www.santamonicapd.org/units/traffic.htm
- use the online complaint form:
http://www.labikemap.com/tickets
Since there have been reports of police obstructing in-person
complaints, we recommend that you appeal in person at the SMPD as well
as fill out the online complaint form.
Here is Hanako Moondance's story:
"I was pulled over in Santa Monica while riding the November 2nd Santa
Monica Critical Mass because I did not have a front light on my bike.
By visiting the SM Traffic Division I discovered that this violation
is correctable, even though the ticketing officer had indicated (and
checked) that it is not correctable. As a Correctable Violation, I
can appeal the ticket by having a Sheriff of CHP officer inspect my
bike and sign off on the ticket. Bringing this documentation to my
court date would clear me of the violation as well as the $122
citation. I know many others received similar tickets and I hope this
story will inform them of their rights as cyclists as well as save
them money on unjustly administered citations."
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great info!
I'd also like to hear what happens to those that were falsly sited.
trickmilla12.30.07 - 9:56 am
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"Since there have been reports of police obstructing in-person
complaints ... "
What were they doing?
katiepoche12.30.07 - 12:23 pm
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Some tough guy at the SMPD office was refusing to hand out the complaint form to the cyclist because he was buddies w/ the cop that handed out the ticket and he believed his partner's story over the cyclist. Alex C. can recount that story in more detail.
jericho1ne12.30.07 - 6:03 pm
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any advice on how to beat a running a red light ticket on a bike? got one in silverlake today. i'm guilty but still wanna fight it.
barleye12.30.07 - 6:32 pm
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Do the trial by declaration. If the officer doesn't responded to it,(my understanding is, that they don't respond 95% of the time) it is dismissed, you get your bail back. If they rule in the officers favor you can then take it to court, and if the officer doesn't show, it is dismissed.
If you lose there then you wasted your time.
GOOD LUCKI
sexy12.30.07 - 6:47 pm
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Re: The red light ticket.
Listen to sexy. I'm doing the same thing. Got a ticket in SM a few weeks ago for running a red and just plan on taking the trial by written declaration option.
See the back of the ticket for more info...
kyber12.30.07 - 7:13 pm
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I get a feeling that the person has to post bail in order to have a hearing? Is this what they are "requiring"? If they are, they should be called on this. They don't have any precedence for doing this, but as long as people do this, they'll keep asking for it. So for people that are posting the bail, why do this? Since when has this been a requirement to proceed? I don't recall any laws amended in regards to this. Under what statute is the SM courts going under in regards to requiring the person to post bail?
User112.30.07 - 7:37 pm
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I am 5 for 5 beating traffic tickets (auto), 2 for 2 on the camera tickets (which of course doesn't relate). Sexy has it partly right but here is the full process for beating tix, car or I assume bikes too...
The object is to postpone the process as long as possible and to give the cops as many opportunities to screw up as you can. Everything, except a final court appearence, if necessary, can be done online or on the phone. So, here is the system: The most important part is that you follow up and not be the one to miss a deadline.
First, a week before your trial date get an extension. This will put you back 3 months from the ticket date. Second, a week before your extended trial date request a Trial by Declaration. The court will send you the paperwork and give you a deadline. This will put you back about 5 months from the ticket date. Now. remember, a cop gets paid time and a half to go to court. He gets paid nothing to fill out his own Trial by Declaration. If he doesn't send his paperwork in, you win. I've won here about a third of the time. Your Trial by Declaration should be as thoroughly full of shit as you can write it.
Now, if you lose here they will send you a notice. When you get that note and if it says you lost, NEXT is request a TRIAL DE NOVO. This is a whole new trial in court that they will give you just for the asking. This will put you about 7 months from the date of the original citation. AND NO COP EVER SHOWED UP FOR THAT OLD OF A CITATION (3x). Good luck!
and by the way, to beat a camera ticket, respond to the letter and tell them that the driver is your brother or uncle. go to google images and look for a euro drivers license and make note of the number, and give them the name and address of your "uncle" who lives in milan, or hamburg, or wherever the fuck you want them to live. (worked 2x)
indigis12.30.07 - 10:19 pm
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indigis,
Real good info here, but what about this bail thingy I mentioned above? You had to post bail?
User112.30.07 - 11:00 pm
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"Your Trial by Declaration should be as thoroughly full of shit as you can write it."
LOL's are so fucking gay to write, but I actually laughed out loud at this line above.
Definitely a good strategy though.
The cop was a total dick too. tried to get me on 2 red lights...Sanborn and Hyperion. In mid ticket, I said "actually, at Sanborn I was about 20 feet from the crosswalk so technically it's not running the red...." He said "i'm only ticketing you for Hyperion, I'm letting you off of the Sanborn light..."
barleye12.30.07 - 11:04 pm
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The bail, which is basically the ticket amount, has to be paid. When (if) you win at the end of the process they send you your money back within a couple weeks. That's the shit of it, but it is what it is. They got us by the short hairs.
indigis12.31.07 - 6:49 am
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this ticket fighting information is priceless, nonetheless. but in regards to the wednesday night quickie ride, does it go down every wednesday? same meeting spot? same route? same same?
molesto12.31.07 - 10:04 am
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Great info, thank you.
My question lies with the SoapBoxLA. Box, should I request the extension on my SMCM citation? If not, why not? Let me know
Sounds like a stupid question, but there might be some info I don't know
(like putting in bike lanes, could result in a citation when you ride outside of them............that why some people are against installing bike lanes)
sexy12.31.07 - 11:35 am
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indigis,
So I take it you posted bail on all your tickets and didn't have a problem getting your money back? I envision the defendant having two fights on their hands, one the ticket and the other the bail returned.
User112.31.07 - 1:38 pm
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yes, always got the money back. this is one time when bureaucracy works in your favor. it goes into the system and the system spits out a check. i recall it taking a few weeks.
indigis12.31.07 - 6:09 pm
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so I'm following the plan so far....i received an automatic 60 day extension....do motorcycle cops have video cameras on the front of their bikes like some cop cars do? If so, this pose a problem If I completely lie on the written declaration.
Any suggestions on what a totally full of shit story can be on beating a red light ticket?
barleye02.13.08 - 9:26 pm
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TELL THEM THAT A CAR PUSHED/FORCED YOU INTO THE INTERSECTION, I'LL BACK YOUR "NEW" STORY, AS I'M SURE MOST OF US MR's WOULD TESTIFY TO!
eddieboyinla02.13.08 - 10:14 pm
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From the OP:
"I was pulled over in Santa Monica while riding the November 2nd Santa Monica Critical Mass because I did not have a front light on my bike. By visiting the SM Traffic Division I discovered that this violation is correctable, even though the ticketing officer had indicated (and checked) that it is not correctable. As a Correctable Violation, I can appeal the ticket by having a Sheriff of CHP officer inspect my bike and sign off on the ticket. Bringing this documentation to my court date would clear me of the violation as well as the $122 citation. I know many others received similar tickets and I hope this story will inform them of their rights as cyclists as well as save them money on unjustly administered citations."
Once again, in the interest of accuracy I have to point out that the above is NOT an appeal.
To
appeal a case is to petition a higher court to examine a case that you have lost (i.e., one that has gone to trial and resulted in a verdict unfavorable to you), on the grounds that the original court did something wrong.
In the case above, the person telling the story got a "correctable" violation, more commonly known as a "fix-it ticket." When you take your car or bike to be inspected for a correctable violation and you pass the inspection and present your proof to the court, the case is dismissed immediately
without going to trial. That's not the same as an appeal.
It makes no practical difference in most cases, mind you, but if you try to use your successful "appeal" of a ticket as evidence in a complaint or lawsuit against the agency that generated the ticket, you're going to be in for a disappointment. That's all I'm saying.
PC02.13.08 - 10:54 pm
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Help needed:
My trial by written declaration is due in 2 weeks. I ran a red light. I'm thinking of writing I crossed the street 30 feet from a side street onto the main street (hyperion --->Sunset) instead of what I did (blatantly running the red on Sunset passing Hyperion.)
any thoughts?
Do I get to read the officer's declaration if i lose?
how have any of you fought a red light ticket on a written declaration?
barleye05.1.08 - 3:59 pm
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Honestly man, just lie.
Lie out of your ass, as hard as you possibly can.
Lie like your life depends on it.
It worked for me. I got a ticket for red light and I did the TBD and lied lied lieeeeddd. I ended up winning and saved myself 380 bucks.
kyber05.1.08 - 5:08 pm
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what did you write? a red light is somewhat cut n dry. the cops word (i witnessed him ride through the red light) against my lie.
barleye05.1.08 - 5:10 pm
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Say you had pedal error. It worked for Weller and he got away with murdering 8 or so poor peeps.
boogalooSHRIMP05.1.08 - 5:23 pm
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I think I said that the congestion was so heavy that day, and that the sun obstructed my ability to see what color the light was. I just ran the light because there were cars moving through the light as I was. It worked for me.
But the real thing is this. There is absolutely NO incentive for cops to fill out TBD paperwork. They don't get paid for it, nothing, so they have to do it on their own time. The chances of a cop filling out his paperwork for some guy who ran a red on a bike a couple of months back is very very slim.
The reason most people lose in court is because the officer shows up. They are paid very well to show up in court, keep that in mind. TBD--- not so much.
kyber05.1.08 - 5:36 pm
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here's my declaration I just mailed off. Any thoughts?
barleye05.8.08 - 2:16 pm
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I got a ticket for "riding on the sidewalk" at the last SMCM, they got me when I reentered traffic via a crosswalk. However there isn't anything about riding on the sidewalk in the SMCVC.
Whatever shall I do.
http://santamonicapd.org/CrimePrevention/cvc_sect.htm
franz05.8.08 - 3:39 pm
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Sidewalk riding is regulated by the city. In the city of Los Angeles, L.A.M.C. 56.15 (Los Angeles Municipal Code) you cannot ride your bicycle on the sidewalk with "wanton or willful disregard for the safety of persons or property." So you can ride on the sidewalk, but at a cautious slow pace.
Santa Monica has it's own rules.
The citation should have the code violation, probably...< a href="http://www.qcode.us/codes/santamonica/">S.M.M.C. 3.12.540.
Section 3.12.540 Bicycle riding or coasting restricted.
It shall be unlawful to ride a bicycle or to coast in any vehicle upon any public sidewalk. It shall be unlawful to ride a bicycle or to coast in any vehicle in any public parking structure.
Still you should fight the ticket.
skd05.8.08 - 4:15 pm
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barleye, the written dec is fine. in my experience doing this, one only wins when the cop does not send in his declaration and you win by default, which is not uncommon. police are not paid extra to write a declaration, as opposed to showing up to court where they're paid time and a half. if you loose, remember to get a trial de novo and go to court. it will be another opportunity for the cop to screw up and for you to win. good luck.
indigis05.8.08 - 6:08 pm
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just got my trial by deceleration results:
SANTA - NOT GUILTY
my question is........did the officer respond or not? it is checked on "Not Guilty", there is a box for "Guilty" and a box for" Dismiss."
if the officers didn't respond, would it be checked Dismiss.?
anybody have any light to shed on the question
sorry to
sexy06.6.08 - 1:23 pm
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I'm glad santa didn't get a ticket.
kyber06.6.08 - 1:39 pm
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How long after submitting the declaration did you receive the notice?
I wonder if your case which would include the cop's declaration is public record. Would be interesting to see what he wrote.
barleye06.6.08 - 4:25 pm
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those were so-oooooo-o-o his gloves.
TORTAWOLF responding to a
comment by Joe Borfo
08.20.09 - 4:08 pm
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hi guize, i got a ticket for running a stop sign on SMCM in oct 08. i delayed it and then did a trial by declaration. was found innocent (even though i blatantly ran two stops signs at 25mph) and recently received my bail money in the mail.
larsenf08.20.09 - 4:09 pm
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