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How do I write a trial by declaration to contest a speeding ticket with a CDL?
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You may write a “trial by declaration” in any state that allows them – presently, there are only 9. The trial by declaration is available for both regular and commercial driver’s licenses. Because the procedures and forms may be slightly different in different states, you should contact the clerk’s office once you receive the summons and get the appropriate format. Keep in mind you will have to pay the entire bail amount in order to submit the declaration.
Your introduction in the trial by declaration will be the statement that you are pleading not guilty; you are not giving up you right to a trial; but you are giving up right to appear in court and face the witnesses including the police officer who issued the ticket. You should also state that you understand that the state may appear in person or submit written testimony.
The body should describe the incident which led to the ticket and the reasons that you feel the judge should rule in your favor. Should the judge rule in your favor, you will receive the money back that you were required to file with the declaration. At this point, you will simply wait for the judge’s decision.
The trial by declaration saves you and the court valuable time. There are those that believe it is easier for the judge to rule against you, but it is just as likely that the officer will neither show up nor submit written testimony. You should ask the advice of an attorney as to whether the declaration is the best idea for you.
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