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Is it possible to be granted Trial by Declaration at an in-person arraignment for a speeding ticket?

San Jose, CA |

I plan on going to court for arraignment for 22349(a) because I've heard that in some cases the judge will offer you a reduced fine in exchange for avoiding a trial. If I'm not offered anything, would I be able to get a TBD or would I have to schedule a court trial?

Attorney Answers 3

  1. Trial by declaration occurs through the mail; a real trial occurs in person where witnesses are called, defendant can be represented by counsel and judge makes a decision after hearing live testimony. A trial by declaration is less likely to yield a favorable result than a live trial. Hire an attorney for the best outcome available, certainly don't simply pay the fine and be done with it unless you like giving money to the government.

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  2. If you go to court you cannot do a TBD. Get an attorney and fight the ticket . All of these companies that do TBD's are a waste - in my opinion .


  3. The best way to win a trial is for the officer not to appear. You lose that chance doing a TBD. Set it for trial. It would obviously be preferable to have an attorney there (in case the officer does show up). At least call some local attorneys for a consultation (most are free).

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