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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

Hayward, CA |
Filed under: Traffic tickets

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


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.

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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.


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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. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none.

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