Trial By Written Declaration in California

Yes, it is true. If you have a traffic ticket for violation of a traffic infraction such as; speeding ticket, red light ticket, stop sign ticket, carpool ticket, or a sign violation, you are able to contest your citation with a process called trial by written declaration. This process does not require for the defendant to appear in court to fight their traffic ticket. Instead you may contest your traffic ticket in writing hence "Trial by Written Declaration". 

Contesting a traffic ticket with a trial by written declaration can save you a lot of time since you do not have to take time off work or school to go to court for a court trial. There is also another major advantage to fight a traffic ticket with a trial by declaration due to the fact that if you are found guilty you may request a new trial as if the trial by written declaration did not even take place. This will provide you the opportunity to fight the traffic ticket all over again as a second chance. 

If you got a traffic ticket for any infraction and you have decided to fight your ticket with a trial by written declaration we can help you. We will prepare all your documents including your statement and all the necessary court forms for you and we will email you the finalized documents ready for your signature. All you need to do is to sign and mail the documents to the traffic court. That is it you are done. The court will take approximately 30 to 90+ days to review your documents and send you the verdict by mail. It is that simple.

Here is the California Vehicle Code Section 40902 for trial by written declaration

40902 a vc - (1) The court , pursuant to this section, shall, by rule, provide that the defendant may elect to have a trial by written declaration upon any alleged infraction, as charged by the citing officer, involving a violation of this code or any local ordinance adopted pursuant to this code, other than an infraction cited pursuant to Article 2 (commencing with Section 23152) of Chapter 12 of Division 11.

(2) The Judicial Council may adopt rules and forms governing trials by declaration in accordance with this section. Any rule or form adopted by the Judicial Council pursuant to this paragraph shall supersede any local rule of a court adopted pursuant to paragraph (1).

(b) If the defendant elects to have a trial by written declaration, the defendant shall, at the time of submitting that declaration, submit bail in the amount established in the uniform traffic penalty schedule pursuant to Section 40310. If the defendant is found not guilty or if the charges are otherwise dismissed, the amount of the bail shall be promptly refunded to the defendant.

(c) Notwithstanding Division 10 (commencing with Section 1200) of the Evidence Code, the rules governing trials by written declaration may provide for testimony and other relevant evidence to be introduced in the form of a notice to appear issued pursuant to Section 40500, a business record or receipt, a sworn declaration of the arresting officer, or a written statement or letter signed by the defendant.

(d) If the defendant is dissatisfied with a decision of the court in a proceeding pursuant to this section, the defendant shall be granted a trial de novo.