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Trial by written declaration

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You can fight a traffic ticket without going to court. This is called a trial by written declaration.

 

⚠️ This page gives general information about how it works. The court handling your ticket will have more details. These should be in the notice the court sent you or on the court’s website.

 

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What is a trial by written declaration?

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You can fight a ticket in writing if, before your due date, you:

  • Turn in a court form that explains what happened

  • Pay your fine (called bail)

The court will also ask the officer who gave you the ticket to turn in a written statement. A judge will read both sides and make a decision.

âś… If the judge finds you not guilty or lowers the fine, the court will refund your money.

Steps to have a trial by written declaration

  • Get instructions from the court

    Read the notice from the court or visit the court’s website to find:

    • Your due date

    • How much you owe (bail)

    • How to turn in your form and payment

    Some courts let you do this online. Others may ask you to send everything by mail. Follow the instructions you got.

  • Fill out the court form and add your evidence

    You’ll need to fill out:

    You can also send:

    • Photos, diagrams, or other evidence — Explain what each item shows in the statement of facts section on form TR-205

    • Witness statements — These should use form MC-031, or be signed and include this sentence:

      “I declare under penalty of perjury under the laws of the State of California that this statement is true and correct.”

  • Pay your fine (bail)

    You usually have to pay the full fine when you turn in your paperwork. The court keeps the money until the judge decides. If you win or your fine is lowered, they’ll send back what’s owed to you.

  • Send your form, evidence, and payment to the court

    Send everything before the due date listed on your notice. Most courts let you mail it in, and some may allow you to turn it in online.

  • Court asks the officer for a statement

    The court will tell the officer about your trial. The officer can also turn in a written statement by a certain date.

  • Get the judge's decision

    The judge will read your statement, the officer’s, and all the evidence. Then they will make a decision.

    âś… If the judge decides you are not guilty or lowers the amount, the court will refund part or all of your bail.

What to do if you lose your trial by written declaration

If you lose your  trial by written declaration, you can ask for a new trial (also called a trial de novo).

đź“… 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

Key takeaways

  • You can fight a traffic ticket without going to court.

  • Turn in your form and pay your fine before the due date.

  • Add any evidence or witness statements that help explain what happened.

  • A judge will decide based on what you and the officer say in writing.

  • If you win or owe less, the court refunds the money you paid.

  • If you lose, you can ask for a new trial before the deadline.

What's next?

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