Freedom advocate beats third traffic ticket through the mail
By Martin Hill
LibertyFight.com
October 25, 2010


I've been meaning to mention this for some time but haven't got around to it. John Shanahan, professional engineer and Constitutionalist, has beaten his third traffic ticket through the mail- using the 'trial by declaration' option given to California motorists.

This was the second 'seat belt ticket' John has beaten through the mail. His other victory using this method was the dismissal of an alleged stop sign ticket.

After receiving a citation for an infraction, all Californians are entitled to file what's called a trial by declaration. The good thing about this is that if you lose, you are entitled to what's called a  TRIAL DE NOVO, [CVC 40902], in which the first conviction is vacated and you get a trial in person. It is not an appeal, but rather a brand new trial.  It's basically like a free shot at winning. What do you have to lose? Nothing.

After filing his declaration, John received a notice in the mail from the Superior Court, County of San Bernardino. The notice read:
Defendant's declaration read and considered
Officer's declaration not filed
Count one dismissed in the interest of justice
lack of prosecution
no statement filed by the officer

So, the revenue agent is too lazy to file a simple response, and the defendant wins. Californians should consider this simple option if they want to fight their ticket and possibly save some money. Who doesn't want to save dough nowadays? I have beaten eight tickets, including one in California Superior Court of Appeals, without a lawyer. I learned most of what I know at the great free website HelpIgotaticket.com. I highly recommend that site.

The detailed accounts of John's previous wins can be found here.

Martin Hill is a Catholic paleoconservative and civil rights advocate. His work has been featured on LewRockwell.com, WhatReallyHappened, Infowars, PrisonPlanet, Rense, National Motorists Association, and many others. You can view a full archive at LibertyFight.com