What is Trial by Written Declaration
Understanding Trial by Written Declaration
Trial by Written Declaration is a legal process in California that allows you to contest a traffic ticket without appearing in court. Instead of attending a court hearing, you submit your defense in writing, and a judge reviews your case based on the documents you provide.
How It Works
- Request the Trial - You submit a TR-205 form (Request for Trial by Written Declaration) to the court along with your bail amount (the fine amount).
- Submit Your Statement - You provide a written statement (MC-031 form) explaining your side of the story and any defense arguments.
- Officer's Statement - The citing officer also has the opportunity to submit a written statement.
- Judge's Decision - A judge reviews both statements and makes a ruling.
- Outcome - You receive the decision by mail. If found not guilty, your bail is refunded.
Why Choose Trial by Written Declaration?
No Court Appearance Required
You don't need to take time off work or arrange transportation to court. Everything is handled by mail.
Officers Often Don't Respond
Police officers are busy with their regular duties. If the officer doesn't submit their written statement, the case is often dismissed in your favor.
A Second Chance
If you're found guilty through Trial by Written Declaration, you have the right to request a Trial de Novo - a completely new in-person trial. This gives you two chances to win your case.
Present Your Best Case
Writing your defense gives you time to carefully craft your arguments, include evidence, and present your case clearly without the pressure of speaking in court.
Legal Basis
Trial by Written Declaration is authorized under California Vehicle Code Section 40902 and California Rules of Court, Rule 4.210. It's a legitimate legal process that has helped thousands of California drivers successfully contest their tickets.