先写信给自己做辩护(必看)
回答: 大家给出个主意,今天被警察开了个罚单,气死了duio 由 高山流水XL 于 2017-06-15 0:18
去法庭前,每个人都有一次机会写信给自己做辩护。
我当年是摄像头被拍到红灯右转没有停下来。罚单寄到家里,先是把罚金交了(最后无罪的话会退回来)。同时好像要附带一份写信辩护的申请信。
接下来就把你的证词和证据(照片)寄过去。
如果警察或者证据提供方(摄像头拍摄公司)没有出来说话的话,那我就无罪。
我是在http://www.ticketassassin.com/上面看到很多范例和方法。(要交费,不多,但绝对有帮助)
总之不要浪费第一次写信给自己做辩护的机会。
如果不行,再上庭。
下面是我当年提交的证词:
I respectfully submit this written declaration to the Court pursuant to CVC 40902. I plead Not Guilty to the charge of violating CVC 21453(a).
I believe that my citation should be dismissed based on two facts:
1. The photograph on my automated citation is grainy and obscure. I compared it to my DMV driver’s license photo, and was unable to positively match the two images. I have no recollection of passing through a redlight camera intersection on red on the date in question.
I was never stopped by a law enforcement officer or otherwise positively identified as the suspect in this case. No positive correlation between this photograph and myself has been made. No such correlation is possible in this trial by declaration without a positive identification of myself as the alleged driver. No such identification has been made.
The only circumstantial connection between this alleged offense and myself is that I am the registered owner of the pictured car. The automated enforcement contractor has arbitrarily assumed that I must be the driver. Such an assumption is unsupportable without any witness to this alleged offense.
2. The statement presented by the Declarant should be dismissed on the ground of hearsay. As the Declarant Gary Fratus states, the violation was not committed in his presence, and the statement was declared based on information and belief based on photographic evidence presented by "Photonotice.com", therefore the statement itself constitutes a hearsay and should not be admitted.
Based on the above arguments, please dismiss my citation in the interest of justice.
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