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Basically you argue your case in writing (also pay full ticket amount).. cop has a few weeks to respond.. if he doesn't respond you win. If you convince the judge (unlikely) should the cop actually respond you win. That is from what I've gathered anyways.
I have beaten 3 tickets via trial by declaration. One of which the police officer didnt reply. As long as you present yourself and do adequate research on the VC section that you "violated" you can possibly win.
If you loose the Trial by Declaration you ALSO have the right to request a Trial de Novo which will alow you to fight it a second time in person like most people do. Mail is your best bet however.
I would say fight the ticket. Dont know where the road was, but there may or may not been a speed survey done on the road to allow the county justification to post up whatever speed is posted, which in that case your ticket would be dropped.
Thats just one way of fighting it...there are quite a few different options depending on the stop and VC violation.
12-20-2010, 06:58 AM
