Case Dismissed
Thread started by
PC at 02.16.09 - 11:36 pm
I got back from the Salton Sea to find a letter from the court downtown regarding my trial by written declaration on my bike license ticket (Veganbananapenis ride). Case dismissed! Check's in the mail!
In your face, Officer R. Alvarez. In your motherfucking face.
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way to go! stickin it to the Man.
that's right
I am PC's #1 fan.
la duderina02.17.09 - 12:31 am
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please explain for those who do not understand
written declaration.
Good Work
Dedicated81802.17.09 - 9:29 am
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From what I understand there is no downside to doing a trial by declaration, right?
toweliesbong02.17.09 - 9:31 am
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yes PC please explain. i recently got a ticket for riding aginst trafic.
funny thing tho,i was on the sidewalk.lame ass,bored,oarnge county cops.
robert stanfield02.17.09 - 10:52 am
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When you get cited for a traffic infraction, you can go to the court clerk and demand a trial by written declaration. You make a deposit equal to the bail amount, and the clerk will give you a form to fill out that includes space for you to write down your account of what happened and present your defense. You have about a month to do this (sometimes they give you more time). When you're finished, you turn in the form to the court clerk, and they give the cop a month to write his account. Then the judge or commissioner reads both accounts and renders a verdict.
If you win or your case is dismissed, you get your bail money back. If you lose, they keep the bail money and it counts as a conviction...but...and this is the cool part...you have the right to a trial
de novo, which means a whole new trial, as if the trial by written declaration had never happened. The new trial will be a regular trial, with you and the cop in front of a judge in a courtroom.
So you really can't lose. Cops don't get paid to fill out forms in these trials, so sometimes they won't bother or just won't get it done by the deadline--if this happens, case dismissed. You can be as detailed as you want in your written defense, and nobody will cut you off. And if you should lose, just request your trial
de novo and try again!
PC02.17.09 - 12:37 pm
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I forgot to mention that when they send you the letter telling you the verdict, there's no explanation. Just a verdict. So I have no idea whether my case was dismissed because the judge actually read my long-winded defense and was persuaded by it, or because Alvarez didn't bother to respond (maybe because of the new LAPD policy of non-enforcement), or because the judge himself was somehow aware of the new policy, or what the fuck. But the important thing is I WIN I WIN I WIN! PC + TBD = FTW!
PC02.17.09 - 5:42 pm
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thanks russle.that info helps alot.i cant wait to stick it to the man too.
robert stanfield02.17.09 - 6:24 pm
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Just remember to wear protection Mr. Sushi Bo Bo.
User102.17.09 - 6:34 pm
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