Being pulled over by the police is never pleasant, and the outcome could have lasting affects. It’s important not to disregard any ticket you get, and note receiving the ticket is only the beginning of the situation. For example, you can choose to fight the ticket. In Los Angeles, County, once you get a ticket, you have to wait until the ticket is processed before you know how much it actually is. This could take a few weeks.
You can check to see if your ticket has been processed by calling the courthouse, or going online (http://www.lasuperiorcourt.org/). When your ticket is processed, you will need to choose a court date.
At your court hearing, you can make a plea of guilty or not guilty. If you chose guilty, you pay your fine, and court cost. However, if you chose not guilty, you will still pay, but you will receive another court date. The new court date will be at least 30 days away, and be at 8:30 am or 1:30 pm. If you have not already, once you get this new court date you need to start your plan of action to fight your ticket.
The first strategy is to plead not guilty, and to show up to your new court date. By doing this, you have now a 50-50 chance of getting your citation revoked. This is because in order to be found guilty the officer has to show up to court to testify. If the officer doesn’t appear, their burden has not been meet, and you will be found not guilty. Most importantly, you will receive a refund of your previous payment, and nothing will appear on your DMV record.
As a reminder, when you are pulled over by an officer, and are given a ticket, talk as less as possible, and do not admit to breaking the law. You do not want the officer to remember anything about you. If you leave a bad taste in the officer’s mouth, he/she may make it their mission to show up to court that date.
Preparation. Once you have pleaded not guilty, you cannot assume the officer will not appear in court, appearing in court is probably the easiest part of their job. Depending on what your citation was for you want to take photos or video of the location of the incident. This is important if there is faded paint, graffiti or stickers obstructing the view of the object you are alleged of violating. If you received a speeding ticket, you want to submit a subpoena or request for disclosure letter to the officer and prosecution’s office, asking for documents. Since you have the right to know what is being used against you, you should request a copy of the citation front and back; the officer name’s, the officer’s file, the make, model, and serial number of the radar unit, records of any calibration equipment, records of the maintenance of the radar, and training standards for the use of the radar. This is important because all machines can malfunction, and in order to prove you did speed, the instrument used needs to be accurate. In addition, if the officer has a history of wrongfully profiling drivers, that could also be used in your defense.
In all actuality, you do not need a response to your subpoena to prove your case. If the officer fails to respond to your subpoena, that is your best defense, and you can ask the judge for a dismissal due to failure to disclosure.
In order to prove the officer failed to respond to your subpoena in a timely fashion, you must have documentation, and proof of mailing. You also want to make sure you are following the correct procedures when subpoenaing records, therefore speak with a representative at the police station and court house for directions. This may seem like a bit of work, but actually, it will be worth it because the department may be too busy to respond to your subpoena in the required amount of time, hence you have increased your chance of winning your case just by sending some forms.
Court date. Before your court date, rehearse what you are going to say. The court is informal, but still dress appropriately. In addition, you want to arrive to your hearing early, and follow the court rules. Once you and the others are sworn in, the bailiff will ask if anybody has exhibits for the judge. This is when you turn over your photos to support your case. Then you wait until your name is called. Once your name is called you will take your position in front of the judge. This is when you also find out if your officer appeared. If your officer did not appear, exit stage right, and do not return. If your officer did appear, remember to be polite and courteous to the judge. More importantly, do not lie. Present your case and your findings.
A fall back option for those who because of time or fear do not want to appear in court, is filing your not guilty plea via the mail. To do this you must complete a trail by declaration form. This process simply allows you to submit your defense in writing. In return, the officer must submit his/her report as well. The judge will make a decision based on the documents he/she received, and you do not have to appear to a court hearing. Your chance of winning your case increases, if the officer doesn’t take time to complete his declaration and returning it before the due date.
If by chance the office does return the declaration, most likely, you will be found guilty, and your money will not be returned. However, there is still a chance to save your DMV record. At this point, you should opt for traffic school. Signing up for traffic school is not free. The court will charge you a fee to sign up for traffic school. Then you have to pay for the traffic school class. However, the online traffic school programs are not only convenient; they are also cheap, so search around.
