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I was speeding and got charged with a VC22349(b)? How do I beat it? Should I just ask for traffic school right off the bat?

San Diego, CA |

Should I ask the court to give me a trial? Would a trial by declaration be helpful since I heard officers aren't paid to do those? If I request a trial, how long will I have to wait?

Going 89 in a 55 and tickets says radar.

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Attorney answers 4


You can go to court and plea not guilty and request a trial. The court may require that you post bail in order to get the trial date but you can request OR.

Another options a trial by declaration and if you lose you can request a trial de novo in court.

If you request a trial and you are not willing to waive time, the court must set your trial date within 45 days of your arraignment date.

Another options to contact an attorney and have them fight the case for you.


How much over the speed limit were you speeding? If it is more than 20 miles per hour, you may not be eligible for traffic school. Second, have you been to traffic school in the last two years? If so, you also may not be eligible for traffic school.

Otherwise, it is hard to answer your question without knowing more facts. The answers you need depend upon how the officer observed you, what he claims he saw, if there was other traffic, the road conditions, weather. Sometimes, the best thing to do is just pay up and move on. Other times, fighting it is smart. I cannot tell you which way to go, but I can recommend that you not play games with a court. Stick to the merits of the case, not gaming whether the officer will show up or choosing trial by declaration to game whether the officer will respond based on whether he or she is paid to respond.

Good luck.


Get an attorney and fight the ticket.



Hire a locally experienced criminal defense attorney to assist.

Trial by declaration may be the preferred route to go, but be prepared to post the bond (i.e. fine if convicted) up front. Even if you lose the trial by declaration you are still entitled to a bench trial.

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