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Calguns LEOs LEOs; chat, kibitz and relax. Non-LEOs; have a questions for a cop? Ask it here, in a CIVIL manner.

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  #1  
Old 01-21-2013, 8:27 AM
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Default Contesting speeding tickets by mail

The theory (as told by a LEO friend) is that officers are paid overtime to attend court. However, they are not paid to write rebuttals. With no rebuttal from the ticketing officer, the ticket is dismissed.
I've only done this once and the ticket was dismissed. Can any LEO respond whether the above is true or did I just get lucky?
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Old 01-21-2013, 8:49 AM
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Quote:
Originally Posted by Blake760 View Post
The theory (as told by a LEO friend) is that officers are paid overtime to attend court. However, they are not paid to write rebuttals. With no rebuttal from the ticketing officer, the ticket is dismissed.
I've only done this once and the ticket was dismissed. Can any LEO respond whether the above is true or did I just get lucky?
The rebuttal is written while they are on duty. Sometimes the paperwork doesn't get processed in a timely manner and things slip thru the cracks. The only one I ever lost was when I was on vacation and when I came back, the deadline for returning the documents had passed.

Sounds like you got lucky.
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Old 01-21-2013, 10:19 AM
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You get 3 tries. One, trial by written declaration. Only plead not guilty, do not put in information. Stand by your plea only. If the LEO does not respond by the given time, dismissed.
2: If you lose ^^^^ then you can have a new trial by court, thats where you will bring in your facts.
3: If you lose^^^^^ you can appeal.

I have done all of the above on a ticket and still lost. But it was a learning experience.
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Old 01-21-2013, 8:01 PM
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I do written declarations on duty. Well, I was on duty when I did that one in the last in eight years.
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Old 01-22-2013, 5:52 AM
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I read your post and I still don't know what she was thinking. I have no doubt she was speeding, everybody does, common courtesy is to not do it in front of a cop. It's like farting really loud in court, on the stand.
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Old 01-22-2013, 10:24 PM
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Trials by written declaration only work if you get lucky......or if you know the sergeant really well and he tells the issuing officer not to turn in the rebuttle. It's worth a shot because you have to pay the citation up front and if you win you get the money back, but if you lose they keep the money. So all in all you are taking a chance of winning without going to court, which we all know going to court isn't the funnest thing to do!!!
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Old 01-23-2013, 11:25 PM
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I don't think they are more likely to get one off the hook versus trial in court. I have won both TBD's I have been forced to do( I don't get them often at all) and the only reason I have heard of one or two people getting let off the hook was because the court didn't get the TBD until the date had passed. The only thing I don't like about them is I don't get to see the violator's look of dismay when they lose in traffic court!

P.S. I am not a cold, heartless officer. I have recommended to judges that they show leniency for some of the nastier cites I have written when the motorist has truly cleaned up their act.
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Old 02-04-2013, 7:28 PM
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CHP was the ticketing agency. My position in the TBD was that it was out of the officer's jurisdictrion to cite me. (Ticket was for 60 in a 50 mph zone on a back country county road. Definitely not a highway.)
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Old 02-04-2013, 7:32 PM
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I'm a city cop and can write tickets anywhere in California. Some agencies may restrict their officers in where they can write. CHP can write anywhere, and thats for sure.
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Old 02-04-2013, 7:55 PM
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LOL, CHP has jurisdiction statewide, as do most cops...
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Old 02-04-2013, 11:14 PM
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The OP is asking for responses from leos. The posts deleted are from those who do not appear to be leos. Unless you are one or are a retired one, please do not respond. Thank you.
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Old 02-04-2013, 11:20 PM
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Quote:
Originally Posted by Blake760 View Post
CHP was the ticketing agency. My position in the TBD was that it was out of the officer's jurisdictrion to cite me. (Ticket was for 60 in a 50 mph zone on a back country county road. Definitely not a highway.)
In regards to traffic matters in unincorporated areas (outside of city limits) CHP is the agency with primary responsibility and jurisdiction. Even if he is in an incorporated city, CHP has jurisdiction statewide.

All Roads, All Codes is the saying.....

If you managed to get it dismissed, it wasn't on a jurisdiction issue.
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