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When fighting a Calif. traffic citation with a Trial By Written Declaration, must you submit a declaration?

In California where you can fight a traffic citation in a Trial By Written Declaration, if you do not submit a declaration and the police officer also does not submit a declaration, will you automatically lose ... or does the lack of an officer's declaration mean that the judge must through out the case against you?

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  • 1 decade ago
    Favorite Answer

    If the police officer does not submit a declaration, he will have submitted a copy of the traffic citation that the judge will use against you as provided for by CVC § 40902(c). While it is possible that a valid argument could be made that the Evidence Code prohibits this (e.g., lack of verification, etc.), the judge will simply just ignore that and do this anyhow since it is much easier to request a trial de novo even if an appeal was made immediately available.

    */End of Line.

    Source(s): Personal knowledge, information, and belief. http://www.dmv.ca.gov/pubs/vctop/d17/vc40902.htm
  • dude I
    Lv 7
    1 decade ago

    There would be no way to fight a citation without your submitting a declaration as the office has a declaration by virtue of having written the citation.

    The judge would automatically declare for the State of California as without your Declaration the judgment would be by default.

    You must defend yourself in some manner.

  • 1 decade ago

    In CA if you go to court to fight the ticket and the officer shows up you will always lose. You must try to eliminate the officer. Try this: If the officer is present in court don't agree to the non-judge to hear your case. Don't sign the waiver. Your case will then be assigned to another court. If the officer is still hanging around exercise your rights under Section 170.6 to eliminate any judge for any reason. Just say you are exercising your rights under section 170.6. You will then be assigned to another judge. If the officer is hanging around all day after all this then just walk away. You gave it a shot to get out of your ticket using the system.

  • Anonymous
    4 years ago

    in the adventure that your case is going to be which you're feeling that utilising sixty 5 became life like and the fifty 5 cut back wasn't, in simple terms pay the superb and save your self it sluggish. The Clerk of court on the court in KY can inform you in case you could plead by using affadavit or no longer. If no longer, you will could look in man or woman or hire a KY lawyer to take care of you. in case you have the opt to make it flow away, get a KY lawyer and notice if she or he will plead it right down to an offense without factors. it many times expenses much less interior the long-term that way whilst coverage expenses are considered. Any factors assessed in KY will stay in KY, in spite of the shown fact that your place state might examine factors on their very own if and whilst they get wind of the conviction. The KY DA won't comprehend if conviction suggestions is shared with CA, yet a KY DMV workplace could. Your coverage expenses are yet another subject completely. which would be up on your coverage enterprise. in case you opt to flow the site visitors college course to get it disregarded, you will could attend it in KY. That assumes that KY delivers that determination.

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  • Anonymous
    1 decade ago

    you lose

    you cant win

    just pay the few dollars

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