Trial by Written Declaration

If you are charged with an infraction violation and you want to dispute your ticket, you can challenge your citation in writing without having to appear in person at court. This is called a "trial by written declaration and is allowed under Vehicle Code section 40902.

How Do I Get a Trial by Written Declaration?

To get a trial by written declaration, you must send in your online request on or before the due date shown on your ticket.

To request a trial by written declaration click here

If you have any witnesses, you can attach their declarations to the online form. The court will also ask the police officer who issued your ticket to write a written declaration.

You may also download the paper form and mail it to the court. In making a decision, the judge or commissioner will consider:

  • your statement,
  • any witness statements,
  • any sketch or photograph, and
  • the statement from the police officer.

What Happens After a Trial by Written Declaration?

The court will notify you by mail of the decision.

  • If you are found guilty, the court will impose a sentence. The decision will state the amount of the fine, penalties, and fees you owe. It will also order that this amount be paid from your bail deposit if you posted bail.
    • If the amount you owe is more than the bail deposit you paid, the court will give you a deadline to pay the rest.
    • If the amount you owe is less than the bail deposit you paid, the court will refund the balance by mail. The court will send the refund to the address listed on the case. This may take 8-12 weeks.
  • If you are found not guilty, the court will refund your bail deposit to you by mail if you posted bail. This may take 8-12 weeks.

If you lose your trial by written declaration, you may be able to ask for a new trial (also called a trial de novo). You must ask for a new trial within 20 calendar days from the date the court mailed you its Decision and Notice (form TR-215). To ask for a new trial:

  1. Fill out Request for New Trial (Trial de Novo) (form TR-220)
  2. File your Request (form TR-220) with the court
  3. The court will schedule your new trial within 45 days
  4. Go to your court date
    • Take your evidence and witnesses (or witness statements)
    • Be prepared to ask questions to the officer who gave you the ticket