On Tuesday, August 12, 2011, a speeding ticket in violation of California Vehicle Code section 22349(b), exceeding the posted 55 mph limit was dismissed out of the Pleasanton Courthouse in Alameda County. The client from Oakley California hired an attorney to represent in him connection with his traffic ticket. His traffic defense lawyer submitted a trial by written declaration on his behalf and the Alameda County Judicial Officer made his ruling based on it.
A trial be written declaration must be filed prior to the original due date on a traffic ticket in California and the defendant must post any associated bail in order to have the matter heard. The citing officer must then submit a declaration to the court in order for a trial to be held on the written declarations. If the officer fails to respond or does not provide evidence sufficient for a finding of guilty beyond a reasonable doubt the matter will be dismissed and the bail amount refunded. If the court renders a finding of guilt the defendant then as a right to request a new trial in front of a judicial officer.
A conviction for a violation of Vehicle Code section 22349(b), would have resulted in one point on the client’s driving record and increased insurance costs.