I know I haven’t updated in a bit…

This entry was posted by on Thursday, 16 March, 2006 at

… And for that I do apologize. I have been less than motivated to write, though a lot has been going on.

For starters, it looks like I will be taking on at least two more web design projects, with a possible third on top of that. More tattoo artists and piercers from Wendi’s recommendations of my work. So that has be a bit stressed again. The good part is I will be getting paid cash money for two of the sites.

But more importantly, I just got word that I will have a check for $204 coming in the mail soon. Why, you may ask? Well, it seems the Superior Court Justice Center’s Justice of the Peace decided to rule in my favour regarding a driving award (read traffic citation) I “won” last November. Mind you it was in my Grand Cherokee for 15 over. But I decided to fight this one for a number of reasons beyond the fact that I wasn’t eligible for traffic school.

So I requested an extension on the ticket, and prepped my case. Then, rather than going to court to stand in front of a judge, I requested a Trial by Declaration which allowed me to submit a written declaration of my case for review by the judge once the CHP Officer submitted his as well. (If you like, email me and I will send you a copy of the declaration as I submitted it, along with answering any question on the process.) If I had lost this portion, I would even have a second chance by requesting a Trial De Novo which would then put me in person in front of the Judge. Luckily it didn’t come to that as my case was dismissed.

For what reasons, I do not know, but I can surmise:
Either the CHP Officer failed to submit his declaration by the due date, or my declaration was sufficient to rule the Officer’s statement inconclusive (note I have never said in my favour here, as the case was dismissed not ruled as Not Guilty). My guess is that after the extension, the Officer simply didn’t submit his declaration (probably due to insufficient notes on the stop).

So there you have it. The justice system CAN be used to your advantage. You just have to know how to play the game…

7 Responses to “I know I haven’t updated in a bit…”

  1. In years past I knew a CHP officer and he stated that it was always a pain in the arse to have to show up for court or do anything regarding a traffic ticket after the fact. He had said that the majority of people just pay the ticket/do traffic school just to get it over with instead of taking the time to fight it.

  2. Which is exactly why I did fight this one. I used to think it was just easier to pay it and go to traffic school, but i was wrong. It is MUCH easier to wait awhile and request an extension, then pay bail, request a Trial by Declaration, and relax until the judgment is decided.

    Luckily this was a CHP stop so I didn’t have to deal with the same court the OC Sheriff’s use, which (word has it) typically rules against trial by declarations.

    Now I just need to stop getting tickets!

  3. Yeah, stop getting the tickets 😉

  4. Icon-ography

    Just ‘cuz seeing Johnny reminded me, wanted to tell you that I picked up both Live at Folsom Prisom & Johnny’s Greatest Hits for, are you ready? $7.99 at Tower this week!!!

    OMG, major Man In Black goodness 🙂

  5. Re: Icon-ography

    SWEET! I’ll have to go pick those up too, since I have the MP3s, but really SHOULD have the discs to go with them.

    We also picked up “Walk the Line” on DVD a week ago. Love that flick!

  6. Re: Icon-ography

    Yah, it was a WONDERFUL film… especially ‘cuz of the company I saw it in 😉

  7. Anonymous

    More Money for Poker Night

    This means you must have more money for poker night, and don’t bother bringing your ringer this time.


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