Trial by Declaration

[Tool Pants]

Trial by declaration is something that might be unique to California. 100 years ago I prepared one for a clients/friend because he was in San Jose and the ticket was in the LA area.

He was an interesting kid. One of a triplet. The 3 brothers liked to swap licenses.

The most funny case I saw in traffic court was about 2 years ago. Not my case but the case in front of us.

The guy was representing himself, and the police officer showed up. I talked to the guy outside as he had all these pictures which had been blown up. He only knew that he had been cited for something under the Vehicle Code.

I watched the "trial." The officer testified the guy had not stopped completely at an intersection stop sign, but paused and then drove off. The guy started showing his pictures of the intersection to the officer. The officer admitted that was the intersection for which the ticket was written. Then the guy got a clue and pulled out a picture of the sign at the intersection. It was a yield, not a stop sign.

Then the (embarrassed) officer changed his story and testified that the guy did not "yield" fast enough.

Then it was our turn. Client/friend got a ticket for making a U-turn near a no U-turn sign. She told me she made the turn well before the sign. The sign was on a 4x4 post in the middle of the street on the island.

I went over to the crime scene for pictures of where she made a U-turn, and pictures of her vehicle in relationship to the no U-turn sign. Right before the trial she tells me the sign is gone.

I then take more picture of what is now an empty 4x4 post with no sign on it. Time to have fun with the officer.

Then the sign shows up on the post again, right before the trial.

Officer does not show up for the trial so the U-turn case is dismissed.

I do not do traffic cases so do not PM me.