[update] fighting a traffic (cell phone) violation

Don't go to court. Fight the ticket via the mail. It’s called Trial by Declaration.  (Do google search how to do this)

With traditional traffic court, the officer is paid to appear, but in Trial by Declaration it is simply more paperwork. If the officer does not respond to the ticket and complete the paperwork it is dismissed.

One of the major differences with Trial by Declaration is that your letter must include your bail and the amount on the ticket, which can range from $150 to $500. If you go to traditional traffic court, you don’t have to pay the ticket until a decision is made by the judge.

But what if you lose? The advantage of Trial by Declaration is that you can ask for a physical trial and an actual trial if you don’t like the results of the trial by mail method: meaning you get a second chance. At this time, ask for extension by mail.  When it is about to relapse, go in person to the court house and ask for a second extension.  By now, nearly a year should have passed. Now subpoena evidence in the discovery process before trial  demanding the cop's ticket book, notes, a copy of the oath the officer swears to and use that in your defense.  Cops almost never reply to that, and you'll win.

But wait!
There's more!
If the judge somehow does rule you guilty at the trial, within 20 days, mail in a demand for a TRIAL DE NOVO, which is also your right. This drags it out even further. This means an entirely new trial in person (It's not an appeal.) By the time it gets around to the actual court date, so much time has passed that prosecution witness (the revenue agent cop) rarely shows up.

All it takes on your part is a little grit and the simple desire to stand up against the revenue state. Saving all that money on fees, fines, traffic school and increased insurance rates comes in handy.

I love this.  I'm checking this out - if true - I'm sharing it with everyone I know.


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I love this.  I'm checking this out - if true - I'm sharing it with everyone I know.

It's called "trial by written declaration" and it worked for me.