Please HELP me with my written declaration CVC 21651(A)(2)

[vibezz85]

Hi everyone,

I received a ticket in California, I had just visited my doctors office and in order to go back home which is 0.3 miles away, I made a u turn on a double yellow line. He gave me a ticket for 21651 (a)(2). Can you please send me a sample of a written declaration I can write and submit asap?

Thank you!

 

[Zigner]

Hi everyone,

I received a ticket in California, I had just visited my doctors office and in order to go back home which is 0.3 miles away, I made a u turn on a double yellow line. He gave me a ticket for 21651 (a)(2). Can you please send me a sample of a written declaration I can write and submit asap?

Thank you!

What is your defense?

 

[FlyingRon]

Sample of what? You explain why you think you aren't guilty of the offense you were charged with. There's no magic form that's going to result in a TBD dismissal. In fact, it's unlikely you'll get one even if you have compelling proof you aren't guilty.

When you say you crossed a double yellow line, are we talking about a something that divides two sides of the a two-way street like this:

https://ericpetersautos.com/wp-content/uploads/2012/10/yellow-1.jpg

or did you cross a painted divider like:

https://www.fhwa.dot.gov/publications/research/safety/08063/images/image052.jpg
(note the diagonal slashes don't matter).

If the former, you write that you weren't on a divided road and that hence you aren't guilty of 21651 (a)(2)

 

[Zigner]

Sample of what? You explain why you think you aren't guilty of the offense you were charged with. There's no magic form that's going to result in a TBD dismissal. In fact, it's unlikely you'll get one even if you have compelling proof you aren't guilty.

When you say you crossed a double yellow line, are we talking about a something that divides two sides of the a two-way street like this:

https://ericpetersautos.com/wp-content/uploads/2012/10/yellow-1.jpg

or did you cross a painted divider like:

https://www.fhwa.dot.gov/publications/research/safety/08063/images/image052.jpg
(note the diagonal slashes don't matter).

If the former, you write that you weren't on a divided road and that hence you aren't guilty of 21651 (a)(2)

I had more of this in my mind: http://media.silive.com/latest_news/photo/11385319-large.jpg

 

[AgentSmithers]

Hi everyone,

I received a ticket in California, I had just visited my doctors office and in order to go back home which is 0.3 miles away, I made a u turn on a double yellow line. He gave me a ticket for 21651 (a)(2). Can you please send me a sample of a written declaration I can write and submit asap?

Thank you!

Vibezz85,
Zinger and FlyingRon are correct. If you have a defense we can help you in validating if what you say will help but realistically if you don't have something solid to show you did not commit the violation (Normally something done by a computer I.E. Photograph, Video etc etc. Something other then just verbal testimony) you more then likely will get convicted based on the officers Testimony. What I would do if I were you is wait about 7 days before it's due. Check the court records via Internet or Phone to the local court house and see if the officer submitted the deceleration. If it's in the court file you can ask for a copy (They may want you to go in person to the clerk counter to grab a copy, a lot of the time they have a website for you to visit to get a copy online *Public record*). Read what the officer submitted and see if you have anything solid to go off of to contradict him, however again, you may still loose. If that's the case be sure to prep a Trial De Novo TR-220 before hand and send it in to reverse the conviction. Once it's filed attend trial and see if the cop shows, If not your done, if he does ask the judge to exchange your trial for traffic school and a fine reduction, In my experience they normally give you one but the last judge I got gave me bot(rare) but it happens. Knock out your traffic school and be done with it. However if you wanna go to trial you gotta have something that will move the judge to not believe the officer, soo Umm good luck with that one..

 

[Zigner]

Vibezz85,
Zinger and FlyingRon are correct. If you have a defense we can help you in validating if what you say will help but realistically if you don't have something solid to show you did not commit the violation (Normally something done by a computer I.E. Photograph, Video etc etc. Something other then just verbal testimony) you more then likely will get convicted based on the officers Testimony. What I would do if I were you is wait about 7 days before it's due. Check the court records via Internet or Phone to the local court house and see if the officer submitted the deceleration. If it's in the court file you can ask for a copy (They may want you to go in person to the clerk counter to grab a copy, a lot of the time they have a website for you to visit to get a copy online *Public record*). Read what the officer submitted and see if you have anything solid to go off of to contradict him, however again, you may still loose. If that's the case be sure to prep a Trial De Novo TR-220 before hand and send it in to reverse the conviction. Once it's filed attend trial and see if the cop shows, If not your done, if he does ask the judge to exchange your trial for traffic school and a fine reduction, In my experience they normally give you one but the last judge I got gave me bot(rare) but it happens. Knock out your traffic school and be done with it. However if you wanna go to trial you gotta have something that will move the judge to not believe the officer, soo Umm good luck with that one..

Just one note for the OP: We have a California law enforcement officer who says that, more often than not, if you ask for trial, you won't be offered traffic school if you lose.

 

[AgentSmithers]

Just one note for the OP: We have a California law enforcement officer who says that, more often than not, if you ask for trial, you won't be offered traffic school if you lose.

Agreed if you go through with trial that has been my experience. It's really kinda interesting. The court gets a cut from assigning you traffic school, It seems the judge wants you just to throw in the towel to keep that option, And most of us understand the reason why. So if you DO go through with trial my advice to you is if the Judge says "Sorry, I do not offer traffic school for those who go to trial", Your best response is to say "Your Honor, Isn't that discouraging to my right's to trial?" and in a nutshell it absolutely is.. but hey the Judge may say "Yes, but your not getting it anyways" however, It's a pretty nice curve ball to throw at them cause some of the commissioners I've come across normally don't know how to respond to that without putting their verbal filter on.

 

[CdwJava]

The judge or commissioner is almost certainly NOT going to state that the reason for denying traffic school is because he went to trial. Since the law does not require him to state why he makes such a decision, chances are he will simply state that traffic school is denied and move on to the next case.