I was asked by my employer to cover a field unit that is 2 hours from where I normally work, due to a staff member being laid off. Because my personal vehicle is unstable - I was driving my employer's fleet vehicle for the very first time and was not really comfortable in the car I had been driving for nearly 2 hours. It was my third time covering as a substitute (the first two times I rented a vehicle) - but the first time I got a ticket. I had been on the right lane, and decided to pass up the vehicle that was driving at a slower pace. That is when the CHP truck said I was "allegedly" doing 83 in a 65 zone.
The officer said I could write the judge - and not travel 2 hours for a court appearance. I want to do a Trial by Declaration but I am not sure how that would work.
Criminal Defense Attorney
You need to hire a criminal defense attorney in the area where you were cited and the attorney will defend you and resolve the case. Contact an attorney and see if he/she can waive your appearance and you won't have to return to court in person.
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..
Criminal Defense Attorney
A trial by declaration is generally a waste of time, especially on a speeding ticket. You should instead just mail in a check for the fine.
You may have defenses that you are not even aware of right now. There are many defenses to a speeding ticket. If I were you and you can afford it, hire an attorney to appear for you and to fight the case.
The Trial by Declaration process can help you, but you have to be careful about how you write your declaration. You are required to post bail and you have to keep an eye on the process to make sure you meet all the deadlines.
Contact competent Traffic Defense Counsel to assist you in drafting the documents. DO NOT use a non-lawyer based service, they write boilerplate which is not applicable and you will most likely lose.
Feel free to contact us for a consultation. Iannelli & Associates, 949 729-3171 This answer does not constitute legal advice and no attorney client relationship is created. Every case has many facts which are different and distinctly theirs, make sure that you understand this is general information and it would be advisable to constact a competent lawyer for personal legal advice.