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Posted: October 20th, 2022
Project Option B: Documents Fight Your Ticket Assignment 1
It’s Thursday morning, and you wake up at 7:40, realizing you’re going to be late for your 8:00 class. You’ve already been late twice, and your professor has made it clear the next time, he’s lowering your final grade. You throw on your clothes and jump into the car in a futile attempt to make it to campus. Once off the 78, you're first at the light with 4 or so other cars. You turn left on Barnard drive as soon as the light changes. As your car flies up Barnard, you see the radar gun after it’s too late. The officer writes you a ticket for violating vehicle code 22350 or California’s basic speed law. Some additional details of your ticket: the officer "clocked" (recorded your speed on radar) at 47 mph in a 35 mph zone. The road was wet - it rained the night before and was drizzling lightly when you were stopped. The Assignment: In this assignment you will "fight" your ticket through a trial by declaration. You will state the facts of the case (in your view) and petition the court to find you not guilty. This project will give you further practice in research and application of the laws that govern our state. As an alternate assignment option, you can choose to fight any ticket you have recently received - as long as you have a copy of the ticket. Start your declaration with the following: “Pursuant to Vehicle Code 40902, I wish to exercise my right to trial by declaration with regard to a Vehicle Code infraction citation. As required, I have enclosed a check for the $150 bail. Please return the same to me in the event the court finds me not guilty.” Your Plea should clearly state “I believe I should be found not guilty of this infraction for the following reasons, any ONE of which is sufficient for a not guilty finding:” NOTE: SAFE SPEED is not a reasonable defense for this assignment. You will need at least two reasonable defenses. To format properly you should begin with the defense then explain why that defense applies to your situation. Remember, defenses should be based on LAW not emotional pleas. San Diego County Instructions for Trial by Declaration can be found hereLinks to an external site.. Use form # TR-205 to complete the assignment. Link to PowerPoint Best available resources: Fight Your Ticket and Win in California by David Brown available through the MCC libraryLinks to an external site.. You can access the text through the San Diego Public Law Library. Here's How: Access to the book is available online through the San Diego Public Law Library. To view the text go here. http://search.ebscohost.com/login.aspx?authtype=custuid&custid=ns134495Links to an external site. You’ll need to enter the username: sandiego and password: ca Navigate to “Rights and Disputes” and then “Fight Your Ticket and Win in California” Chapter 4 has all of the information you need to develop a successful defense. Ticket AssasinLinks to an external site. -Do not pay to use this resource. Here is a sample of what a declaration should look like. This is a ticket I fought several years ago for towing in the wrong lane. It includes comments to help you format. http://www.sdcourt.ca.gov/portal/page?_pageid=55,1272241&_dad=portal&_schema=PORTAL https://miracosta.instructure.com/courses/31152/files/7323968/download?wrap=1 https://library.miracosta.edu/homepage http://search.ebscohost.com/login.aspx?authtype=custuid&custid=ns134495 https://ticketassassin.com/ https://miracosta.instructure.com/courses/31152/files/7323911?wrap=1
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