What Happens If I Lose

If Your Trial by Written Declaration is Unsuccessful

Don't worry - even if the judge finds you guilty through Trial by Written Declaration, you have options.

Your Right to Trial de Novo

Under California law, if you're found guilty in a Trial by Written Declaration, you have the right to request a Trial de Novo - a completely new trial in person before a judge.

Key Points About Trial de Novo:

Fresh Start - It's not an appeal; it's a brand new trial as if the written declaration never happened.
20-Day Deadline - You must request the Trial de Novo within 20 days of the mailing date on the guilty verdict.
No Additional Bail - You've already paid your bail, so no additional payment is required.
In-Person Appearance - You'll need to appear in court on the scheduled date.
Officer Must Appear - The citing officer must also appear. If they don't show up, your case may be dismissed.

Advantages of This Two-Step Process

Trial by Written Declaration gives you essentially two chances to fight your ticket:

First Chance - Trial by Written Declaration (no court appearance)
Second Chance - Trial de Novo if needed (in-person court appearance)

How to Request Trial de Novo

When you receive the guilty verdict, note the mailing date
File a written request for Trial de Novo with the court within 20 days
The court will schedule a new trial date and notify you by mail
Appear in court on your scheduled date

Success Rates

Many drivers have success at the Trial de Novo stage because:

Officers often don't appear for these hearings due to scheduling conflicts
You can present your case verbally and respond to questions
You can bring witnesses to testify on your behalf
You've already practiced your defense arguments through the written process

The Bottom Line

Starting with Trial by Written Declaration is a smart strategy. You might win without ever going to court, and if not, you still have the Trial de Novo as a backup option.

Start your defense with Trial by Written Declaration!