One of the worst things about getting a traffic ticket is having to go to court to resolve it. However, you can challenge the ticket and still avoid court. It’s called a trial by written declaration.
What Is a Trial by Written Declaration?
Under California Vehicle Code Section 40902, anyone cited for a traffic infraction has the right to contest it in writing instead of appearing in person. You submit a written statement explaining your side.
The officer who wrote the ticket will submit a written statement of their own. A judge will read both and decide who’s more believable, all without either of you setting foot in a courtroom.
Courts are required to offer this option for infractions. If someone at the courthouse tells you the court doesn’t do written declarations, they are not complying with the statute.
Who Can Use A Trial By Declaration?
A trial by written declaration is only available for infractions. It is not available for misdemeanors. You may be able to use a trial by declaration after receiving a ticket due to:
- Stop sign and red light violations
- Speeding
- Cell phone and texting citations
- Illegal turns and unsafe lane changes
- Following too closely (tailgating)
- Failure to yield
- Seatbelt violations
- Equipment violations (such as window tint violations)
- Carpool (HOV) lane violations
- Most parking-adjacent moving violations charged as infractions
If you were charged with something like reckless driving or DUI, both of which are misdemeanors, this option isn’t on the table.
How the Process Works
You’ll need to complete a Judicial Council form TR-205, the Request for Trial by Written Declaration, to get started. Most courts also let you file this online, and your citation or the court’s website will tell you which method your specific court accepts.
You have to submit your request before the due date printed on your ticket. There’s no extension without just cause.
You’ll also need to pay bail equal to the full fine amount at the time you file, including all the penalty assessments and surcharges added. If you’re found not guilty, that money comes back to you in full. If you lose your case, it gets applied toward your fine.
Your written statement needs to lay out exactly what happened, in your own words, along with a description of any evidence you’re including. You can attach photos, diagrams, maintenance records, or written statements from witnesses to support your version of events.
Upon receipt, the court will send a copy of your citation to the officer and ask for a declaration explaining what they observed. The judge will review the evidence and issue a written decision on form TR-215.
What Happens If Your Challenge Succeeds
If the judge reviews your declaration and the officer’s statement and rules in your favor, the citation is dismissed. The court refunds the full bail amount you paid when you filed.
There is also no fine, no points on your record, and no conviction that will show up on your driving history. The case is simply over, and you’ve resolved the ticket completely without ever requiring you to appear in person.
What Happens If the Judge Rules Against You
If your case is unsuccessful, California gives you the right to request a completely new trial in front of a different judge. You generally have 20 calendar days from the date the court mails your TR-215 decision to file that request.
A trial de novo is a new proceeding. The officer has to show up and testify in person. If they don’t, your case may be dismissed.
Some drivers use the written declaration process specifically as a first pass. If you win, great. If you lose, you still get a second shot with live testimony required from the officer.
If your court lets you file your written declaration online through a system like MyCitations, you typically give up your right to a trial de novo, even if the rest of your filing looks identical to a mailed request. Read whatever instructions your court sends before you pick a filing method, since this detail alone can change your entire strategy.
Why Drivers Use This Option
Trials by written declaration are convenient. You don’t need to take time off work, arrange childcare, or drive to a courthouse that might be an hour away from where you actually got the ticket. Everything happens by mail or online.
It is also strategic. Officers write dozens or hundreds of tickets a month. Their written declaration is often a generic, boilerplate account. If you push back with a clear, detailed record of what happened on your end, you have strong odds of a successful challenge.
A well-written declaration, especially one with photos or diagrams attached, can detail facts the officer’s statement doesn’t address.
Should I Hire an Attorney for a Trial By Declaration?
You can file a trial by written declaration yourself. The forms are available directly from the court, and the instructions are written for people without a law degree.
But knowing what to include, how to frame your statement, and whether it’s smarter to pursue the written route first or head straight to an in-person trial is where having legal help can be a benefit.
Contact Fight My Ticket For Help With Your Traffic Ticket
If you’re not sure which approach gives you the best shot at beating your ticket, you should have a Los Angeles traffic ticket lawyer look at the specifics of your citation first.
At Fight My Ticket, we’ve spent more than 30 years helping California drivers fight tickets through both written declarations and in-person trials. Contact us for a free quote, and we’ll help you figure out the strongest way to handle your specific case.
