My dad sent out a check for a ticket in my brothers name without first checking the trial by declaration box. We want a trial

Asked 6 months ago - Hayward, CA

My dad was driving a car that is registered in my brothers name. My dad turned right on a red light and got a ticket. when the ticket came, it was in my brothers name. My dad sent out the check for the ticket without the form stating he wanted a trial by declaration. We want a trial. Can we fix this by just sending in a request for trial by declaration? Can we cancel the check we sent and resend a new packet? will we get charged for "bounced check" by the court?

Attorney answers (3)

  1. Greg Thomas Hill

    Contributor Level 20

    3

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . I would actually go to the court tomorrow morning and try to "beat the check" there and speak to the clerk about this. He or she there may have encountered this situation before and will know what to do. The clerk may be able to annotate the file to indicate you wish a trial by declaration instead.

    Good luck.

  2. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Speak to the clerk ASAP as suggested by Mr. Hill. You should fight this ticket. Hopefully the TOD will work. If not, get an attorney.

    ANDREW ROBERTS CRIMINAL AND TRAFFIC TICKET DEFENSE ATTORNEY
  3. Stephen Ross Cohen

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . Go to the court on Monday and ask the clerk what to do. If you stop payment the court will charge you an additional $65

    My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA.... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

23,470 answers this week

2,624 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

23,470 answers this week

2,624 attorneys answering