- #NOT GUILTY HOW TO#
- #NOT GUILTY DRIVERS#
- #NOT GUILTY TRIAL#
Once you've completed all your forms, you must send them to the clerk of court together with any evidence you want the court to review. X Research sourceįile your declaration or affidavit.
You also may be required to include a long-form written statement in which you describe the incident that led to your citation in your own words. 
For example, if you have drawn a diagram that demonstrates the officer who issued your citation did not have an unobstructed view of your car before he pulled you over, you could include that with your declaration. This includes anything you would present at trial.
You usually may attach any documentary evidence you want the court to consider, such as photographs or written testimony from witnesses. #NOT GUILTY TRIAL#
Your form typically will include a statement that you have waived your right to appear in person at trial and submit your evidence to the court personally. Include your citation number and your case name and number in the subject line of your letter. As with your letter pleading not guilty, use standard business format. 
If your jurisdiction doesn't have any forms available, you can write an additional letter to the clerk containing your declaration. If you have witnesses, you typically can get them to submit affidavits as well, which you will submit together with your own declaration as evidence in your defense. Most jurisdictions with a formal procedure for trial by declaration have specific forms that you must use to present your testimony. 
Once you've properly filed your request for a trial by declaration or affidavit, the court clerk typically will send you a packet of forms and instructions. X Research sourceįill out all required forms. For example, Oregon does not allow a trial by declaration for photo radar or red light tickets, speed racing, or reckless driving with accident or injury.
Even if the jurisdiction has a procedure in place for a trial by declaration, this option may not be available for certain infractions. A trial by declaration is especially beneficial if you got your ticket in another state or a location far away from where you live, because it saves you the time and costs necessary to appear in court and fight the ticket. If you can't find any information about it, you can always ask the clerk if the option is available. Even if trial by declaration isn't specifically allowed in your jurisdiction, the judge may permit it anyway to save court time and resources. Some jurisdictions allow you to mail in a written statement rather than appearing in court for a trial. X Research sourceįind out if a trial by declaration is allowed in your jurisdiction. If the state doesn't have enough evidence to do this, you cannot be found guilty in a court of law. When you plead not guilty, you are forcing the state to prove beyond a reasonable doubt that you committed the infraction. Keep in mind that you have the right to plead not guilty, regardless of whether you actually committed the infraction. #NOT GUILTY DRIVERS#
Being found guilty after a trial could result in civil liability to the other drivers for damages they suffered in the accident.
#NOT GUILTY HOW TO#
If you got a ticket as a result of your involvement in an accident, you probably should consider consulting an experienced traffic attorney for guidance on how to proceed. If you have a strong argument that you should not be held liable for the violation, you should consider pleading not guilty and fighting the ticket. If you aren't eligible for traffic school, or have no interest in attending, pleading guilty to the ticket or simply paying the fine could result in higher insurance premiums and other costs to you. Before you decide to fight the traffic ticket, find out if this option is available. 
If the ticket is your first offense, you may be eligible to attend traffic school and have the infraction removed from your record after successful completion. Due to the costs of pleading not guilty, it's worth reviewing your ticket and your driving record to determine whether it would be easier for you to just pay the ticket.
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