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AttyDort
AttyDort, Trial Attorney
Category: Traffic Law
Satisfied Customers: 96
Experience:  14yrs Exp in all major CA crim/traffic courts.
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I have a seat belt violation ticket

Customer Question

I have a seat belt violation ticket
Submitted: 1 year ago.
Category: Traffic Law
Expert:  CriminalDefense replied 1 year ago.

Good morning. Would you mind sharing with me what your question and concern is?

Customer: replied 1 year ago.
I need to write a respond for trial by declaration just need a sample written case nothing else
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  CriminalDefense replied 1 year ago.

I am not able to speak over the phone with you but can answer any questions which you may have. You do have a legal right to contest this and if the allegation is regarding a seat belt violation and in your case, a lack of it being worn, you need to explain that you did have it on and anything which may have happened or lead to the officer thinking you did not. You want to attach a written statement of what happened and make sure to include detail. If you are going to attach evidence like photographs or diagrams, explain in your written statement what evidence you are attaching. For your written statement, you can use a form called Declaration (Form MC-030) and, if you need more room to complete your statement, a form called Attached Declaration (Form MC-031). When the clerk receives your Request for Trial by Written Declaration, the clerk will let the police officer who issued your citation know. The officer will then have the opportunity to submit a declaration about the citation by the due date. The judicial officer will review your papers and the officer's, and make a decision on your case. You will get the court's decision by mail telling you whether you were found guilty or not guilty.

If you are found guilty, the court says what the penalty will be and orders it to be paid from your bail. If the fine is more than the bail you paid, the court will give you a deadline to pay the rest of the fine. If the fine is less than the bail you paid, the balance will be refunded to you (or to the person who paid the bail if someone else paid it).

If you are found not guilty, the court will refund the bail money to you (or, if you did not pay it, to the person who paid it).

  1. If you are not satisfied with the court's decision, you can ask for a new trial (called a "trial de novo") in court
    When you ask for a new trial, you and the other parties will have to personally go to court for that trial. You have 20 days after the court's decision was mailed to you to ask for a new trial. The court will start over completely in deciding your case based on the testimony and evidence presented at the court trial and is not limited by the sentence imposed in the trial by written declaration.

    To ask for a new trial in court, fill out a Request for New Trial (Trial de Novo) (Form TR-220).
Customer: replied 1 year ago.
again I NEED A SAMPLE WRITTEN RESPOND TO TRIAL BY DECLARATION FOR SEAT BELT VIOLATION FOR LONG BEACH COURT HOUSE what you are explaining here has absolutely no value to me infect everything you put as an answer to me was explain by court Clark and is written in court paper. simply send me on complete case that was sent to this court.
or return my money
Expert:  CriminalDefense replied 1 year ago.

Not a problem. I will opt out and another expert can assist. I can not provide you with legal documents in this case. Please hold on and someone else can help.

Customer: replied 1 year ago.
I will wait exactly one hour if I did not get an answer I will file a dispute with pay pal and ask then to refund my money I never ask you to provide any document that has name or case number ***** a typical written respond to a seat belt violation
Expert:  AttyDort replied 1 year ago.

Here is the required California Judicial Council Form for a Request for Trial by Declaration for a traffic infraction - including a seat belt violation. You must use this form in California for a trial by declaration:

http://www.courts.ca.gov/documents/tr205.pdf

There is no other form. This form must be used in all California traffic courts, including Long Beach.

The Request for Trial By Declaration form includes a "Statement of Facts" section for you to write down your side of the story.

If you were in fact wearing your seatbelt, simply fill it out, and write: "I was wearing my seatbelt!". Then sign it, and get it filed with the court before the date listed on the bottom of your citation.

Customer: replied 1 year ago.
Please Call Me at(###) ###-####thank you
Expert:  AttyDort replied 1 year ago.

This is a forum for asking a single question for a flat fee. I provide telephone conferences on an hourly fee basis of $100 per hour. I usually have a 1 hour min, but we can do 1/2 today if you wish.

Expert:  AttyDort replied 1 year ago.

Or you could just read my article on "Tips for Winning a Trial By Declaration in California": http://trafficcourtpros.com/blog/tips-trial-declaration-defense-attorney-2014/

Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.Sir for $ 99 your competition will guaranties dismissal or money back, without me doing any think or going anywhere Kindly
I ask you to call or agree to the same ($99 fee to dismiss the case or money back). I am not interested in anything else unless farther agreement is reach after we talk.thank you
Expert:  AttyDort replied 1 year ago.

There is no way I would take a case for $99, and I am prohibited by law from guaranteeing results on a court case. The scammers who advertise that kind of service are usually: 1) not licensed to practice law; and 2) stealing from people in my opinion.

So I must decline.

I wish you luck.

Expert:  AttyDort replied 1 year ago.

I would charge $750 to take a traffic infraction case. I would start with a trial by declaration, but because almost no one ever wins those, my flat fee would also include the court trial that would follow the trial by declaration.

I am not available to take a case presently (thus I have no competition), and I do not like the Long Beach Courthouse, so I do not take cases there.

But I offer this info to you to make sure you don't get ripped off by someone who does not have a license and promises something a licensed attorney would never promise.

Expert:  AttyDort replied 1 year ago.

You can verify an attorney's law license at www.calbar.org. Do not pay anyone without a law license for legal services. Anyone who promises you an outcome is a scammer. Attorneys are prohibited by law from guaranteeing results.

Customer: replied 1 year ago.
please!!! they guaranty your money back not winning the case kids in elementary school know that no one in the entire world can guarantee out come of the court case.( with the exception of having a corrupted judge ) I will sent you blog and tip far more helpful and educating that what you offer in your blog. I AM NOT SATISFY AND WANT MY MONEY BACK
Expert:  AttyDort replied 1 year ago.

I more than answered your question. I provided the form you wanted. You stated that was all you wanted, I gave it to you. Then, I provided much more info to you than you asked for, and it was valuable info from a licensed attorney. I tried to help you. I wish you luck.

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