California ticket advice please

Here's a nice brochure that the folks in San Bernardino Courts produced, and is found online here:

http://www.sb-court.org/Portals/0/Documents/PDF/Traffic/TrafficCourtBrochure.pdf

Found on the top left corner is this:

TRAFFIC TRIALS

Option One – “Trial by Declaration”

This is a trial that is done by written declaration
without appearing before the judge. Ask the
traffic clerk for the form. You must pay the bail,
fill out the form and return it within 30 days.
Then the officer has to file a response within 30
days. If you miss the deadline, you may be
found guilty. If the officer misses the deadline,
then the case may be dismissed. If the case is
dismissed, the posted bail will be refunded.


As part of your written declaration, you could also ask the judge that if you are found guilty, could he reduce the charge to a parking ticket instead? You can call Joshua Tree court beforehand and probably get some good guidance on how to submit your written declaration here:

PHONE HELP (Monday – Friday,
8:00a.m. to 3:00p.m., except holidays)

Joshua Tree (760) 974-3048

If it was me filing this written declaration, I would have time to send it so the court receives it about the 26-28th of October (within your 30 days window to respond). That way, Mr Highway Patrol Officer will have his 30 days to respond ending right at Thanksgiving time. He might get busy and slip up and forget to respond in time, dismissing your case.

Good luck driver.

 

As an aside, since this is a parking citation, no CSA points. If you do not have a California CDL, no license points are added. At least that is the case with Texas CDL holder's. (YMMV) No parking ticket has ever shown up on my MVR. Every state is different of course.
Call Joshua and talk to the court clerk. They will advise if , by paying the bail, it can be reduced to a standard parking ticket.

 

You are never required to take a break while parked on the freeway...All on/off ramps and shoulders are considered part of the freeway...Having been a CDL holder of Calif for 17 years ...I can tell you ...you have no case will lose..your ONLY out is to post bail,plead not guilty ,set trial and hope the officer doesnt show up..All a lawyer will do is take your money..dont turn a 250.00 dollar into 750.00.we dont care about truckers & their problems out here..no parking or speeding its 55..lol

 

I read the post before my last post.

The post you are talking about was not addressed to you.

I don't care about your problem.

You have enough experience and should know the laws.

 

Some of you getting on this driver forget,this happened in Calif and they hate trks period.Had this been a car parked,the officer wouldn't have done anything except maybe ask if that driver was alright.

 

Ok here's an idea on moving forward......Stop going to California if you can. Unfortunately I have to go out there too every once in awhile but I'm looking to change that someday soon. I get nervous with just the thought of going out there because I know how easy it is to get into trouble. I'd feel more comfortable driving into Mexico than Cali (yes I really would) because at least down there trouble can be taken care of on the side of the road with a $100.00 not the thousand it will probably cost you to fight this in attorney's fees and missed work. To me the United States ends at the AZ/CA state line and I feel like I'm from a different planet when I'm out there. Good luck on the ticket. BTW, I don't think that is considered "emergency parking" and although it's BS that he gave you a ticket for that I don't think you will have much luck getting it dismissed. I would contact an attorney though since I am never in favor of just paying the fine even when you are guilty. Don't give them "their" money and make them work for it.