| I don't know the laws in CT but here in calif we have 4 options (a) pay the fine & call it a done deal (b) pay the fine & go to traffic school - keeps points off your record (c) request a trial with the officer present (d) request a "trial by declaration". Going on the assumption that most cops are lazy I always go with "D" and have been successful about 80% of the time - mainly because the officer does not respond.
You usually have to pay the fine/bail amount up front then you request the trial by declaration documents from the clerk. They are extremely easy to fill out and basically you just write down what happened then forward it to the court and wait for their decision. The officer must do the same and write down his version of what happened (this is where the lazyness kicks in). In most cases the cops dont take the time to submit the documents within the time prescribed and WAAA LAAA you win. Even if you loose the decision on a trial by declaration you can file for a hearing de novo (a new trial) and take it to court in person.
A tip. if your county allows for an extension TAKE IT. the more time you put between the day u were ticketed and the cop having to do anything is better for you. this gives the cop time to forget what happened. Another thing you can look into is a "iniformal discorvery request" at least that's what they are called here if Calif. Most cops take notes of the incident on a space behind their copy of the ticket so you never see it, this is how they refresh their memory. well you have a right to see that info since it is evidence against you and the way you get a copy is by filing an informal discovery request. Now there is a prescribed amount of time in which they have to give you the copy and if they dont you can always ask the judge to declare a mistrail because they didnt comply with the request. chances are the judge will just order the cop to give you a copy then continue the case at a later date (to give you time to prepare your case given your new evidence).
Pain in the a$$ i know but hey it's fun stuff. I was recently ticketed in Feb 06 and just filed a by papers for a trial by declaration (i have to wait up to 60 days for a response). if they rule against me then I just file for a new trail and take it to court maybe by december 06 - so at least i bought myself a year by filing a few forms.
good luck.
armand |