Home > Research Legal Advice > Speeding / Traffic Ticket > Can I use "Trial by written declaration" to get out of a jaywalking ticket?
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Asked 9 months ago - San Diego, CA
FlagI was walking down the street in San Diego on Friday night at 2 am. I was at a four way stop light. My friend ran in front of a car while they had a green light. I waiting for the car to pass and looked both ways before crossing. The officer saw both of us cross, but gave me the jaywalking ticket. I realized that I broke the law, but is there any way to contest the ticket with a valid reason through trial by written declaration? If I submit a letter pleading not guilty with no explanation, will the judge throw out the ticket if the officer does not submit a letter of declaration?
This response is not intended to create an attorney-client relationship. The information offered in this response is for general informational purposes and is not a legal consultation. You must talk with an attorney of your choice before making any decision about your actual legal rights.
The police officer must respond to the court by declaration if you choose that option. If the officer does not respond, your case will be dismissed. If you were crossing the street against a red light and were in a cross walk, then it technically is not "jaywalking." It is still an infraction to cross against a red signal though. My suggestion is to just show up to your first court date and plead not guilty. Then see if the officer shows up to the second court at the bench trial. This way if you are unfortunately found guilty, you can make a pitch to the judge to get the smallest fine possible. I think it is always best to do things in person rather than by declaration. You will probably get a better result by going to court, in my experience. If you do not live in the area or do not want to take the time to deal with it yourself, contact an attorney like myself to handle it for you for a small fee.
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