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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Traffic Law
Satisfied Customers: 29986
Experience:  Lawyer. Former judicial law clerk. Worked for District Attorney's Office in Traffic Court.
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I have a traffic ticket that says I exceeded the speed limit. I intend to fight it first

Customer Question

I have a traffic ticket that says I exceeded the speed limit. I intend to fight it first by mailing in my request for a trial by mail. My vehicle registration was due on 2/8/13 and I was cited on 2/19/13 for not having it. I did get it done on 3/26/13 so if it says to attach proof of correction is it ok for me to just attach a copy of what I have? Do I need to bring it in to the court or DMV and have it signed off or anything. Isn't there a 15$ fee no matter what? Will they bill me for it after or take it out of the check I am sending in for the full bail amount along with my request for trial by mail?
Submitted: 4 years ago.
Category: Traffic Law
Expert:  Lucy, Esq. replied 4 years ago.

My name is Lucy and I'd be happy to answer your questions today.

If the ticket states that you can just send it back with proof of correction, you can attach copy of the new registration that you got and sent it back in. However, since you are going to court anyway, it's a good idea to bring a copy with you, just in case. It's unusual, but documents can get misplaced, and it's better to have extras.

The $15 fee is assessed either way - the fee is actually higher if you don't send in proof. That amount is in addition to the bail amount you submit with the request for trial by affidavit on the speeding ticket.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 4 years ago.

As far as the trial by declaration goes how do I
determine if the officer used radar to determine my speed and how he was able to see me from where he was parked way down the street etc... If that area is a known speed trap, when the radar detector was last calibrated, when the patrol car was last maintained and all of the other details I am reading about that can help me win my case. Should I just go ahead and tell my side of the story and save all that for the real trial if I should lose the trial by mail?

Expert:  Lucy, Esq. replied 4 years ago.
Things like that the officer couldn't really see you or that the radar was inaccurate can be used to discredit the police officer's testimony if you wind up at a trial before the judge. You may not have time to request maintenance records before the trial by declaration is due, but if you believe that the officer could not have seen you accurately from his location, that can also be raised in the trial by declaration.