When a camera has taken a shot of you driving and you get a traffic ticket, you can beat the ticket without going to court. Respond to the notice to appear by requesting a trial by written declaration, also called a trial by mail. Plead not guilty and complete the required paperwork on time.
Instructions
Instructions for Trial by Written Declaration
1. Request to review the photographs. You can call to arrange an appointment with your city's police department or the county sheriff. You will be allowed to review the photographs to know the event was caught on camera. Take note of the facts in the photograph. Discuss the alleged infraction with the officer.
Tell the officer if the alleged facts are not true. The facts can be settled with the officer. In some cities and counties, you can view the photographs online. Or you can visit the court.
2. Write a letter to your court requesting a trial by written declaration. At least five days before the date on the notice to appear ticket, send in a letter to the court by certified or registered mail requesting the trial by mail. If the court grants the request, you avoid going to trial at the court. The clerk will send you a request for trial by written declaration and the trial by written declaration instructions. In Box A on the request form, the clerk writes a due date for filing the request.
3. Fill out the request for trial by written declaration. Complete the form, including the written statement of facts that explains what happened. Support the statement with appropriate evidence, such as photographs or diagrams. Describe this evidence in your statement. Write the language: "I declare under penalty of perjury that this statement is true and correct." Sign and date the form and each written statement.
To beat the ticket you will need to explain the factual reason you have not committed the alleged infraction. The court accepts several valid factual explanations: the sign, signal or device was not official, your view on the traffic guide was obstructed, the camera took a misleading picture or triggered at the wrong time, or the act was not unsafe.
4. Make a bail payment. Bail amounts are found in the uniform traffic penalty schedule. Pay the bail before the original court appearance date stated on the ticket unless the court has extended the date. The court will not make a decision until you pay.
5. Send the form, statements and supporting documents to the court by the due date. Mail the form with all papers, documents and the bail payment to the court.
6. Wait for a decision from the court. Within 90 days of the due date, after the court makes a decision, the clerk mails you a decision and notice of decision, TR-225. If you lose the decision, you have 20 days from the notice mailing date to file a request for new trial, TR-220.
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