Legal Question in Traffic Law in California

Recvd a red-light violation (camera) in mail. When I sent in my bail ($565), I requested a Trial by Written Declaration as offered on the citation. It stated that if I did so, my "bail amount would be deposited PENDING THE OUTCOME OF THE TRIAL and trial information would be sent to (me)." However, I mailed my letter before the due date and the court's decision was made on 10-29, but I already knew they'd found me guilty because my credit card was charged the bail amount on 9-23. It appears that I did not receive a fair "trial" and that the decision was made before they even received my written declaration. Is that legal? I've requested a new trial and have a court date Christmas Eve. If the court goofed, which I suspect it did, I need to know what term to use to have the citation thrown out (I have written documentation). Thank you.


Asked on 12/16/09, 8:27 am

1 Answer from Attorneys
Michael Wright Law Offices of Michael Wright

It doesn't appear that they found you guilty because your credit card was charged unless it was agreed that they would not charge your card until you were found guilty. Your bail needed to be deposited. If you sent in a personal check it would have been cashed and placed on deposit pending the outcome. There is really no difference here.

There is no talismanic word that you can use that the judge will understand and accept in order to dismiss your case. You may want to spend a couple of hundred buck to retain a traffic attorney who has the requisite experience fighting these types of tickets. There are many technical defenses available on these types of violations.

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Answered on 12/22/09, 10:27 am


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