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First, you must ... absolutely MUST, have a good reason for a Trial by Declaration, such as locality of the court. They'll grant you the Trial by Declaration out of courtesy (tell me a court that has been), but it's on their mind if you are local and don't just show up. Most people who lose the Trial by Declaration, lost because of procedure. I'm not saying that this is why you lost, but there are guidelines for the procedure that have to be followed to the "T". If not, they won't accept your TbyD, and you lose by default. Once your TbyD makes it past the clerks, the officer gets a notification that there is a TbyD. The officer must send his declaration to the court before the set court date. Most officers don't do this which results in an automatic dismissal. Once the judge receives both declarations, the judge (errr, I mean commissioner -- they're not judges, but that's another story) will review the declarations and make his decision. Sometimes his decision isn't even based on the facts, but on the demeanor of the declaration. So it's important to stay focused on facts and not opinions. Some judges will agree with everything you state in your declaration, but if you fail to ask for a dismissal, he'll say to himself, "And what am I supposed to do with these facts?" Keep in mind that the judge doesn't have to give a reason for his judgment. I just helped some cousins go through a speeding violation with a Trial by Declaration. They got off.
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