Trial by Written Declaration: Increase Your Chances of Beating that Traffic Ticket!

I decided to share a little secret that most people just don’t know exists on how to fight a traffic ticket here in California through the mail.  That’s right, in most cases, you don’t have to waste time standing in line, waiting in court, and presenting your case in front of the judge to fight that speeding or red light camera ticket.  Instead it can all be done right through the mail by a process called Trial by Written Declaration.  On the back of every California issued ticket, you can find information for Trial by Written Declaration, but most people simply don’t notice it.  In fact, for years, I didn’t even know it existed until a friend pointed it out to me one day.  Most basic traffic infractions are eligible for this service, but as with any legal matter you should ALWAYS CHECK FIRST WITH THE COURT HANDLING YOUR CASE TO ENSURE YOU ARE INDEED ELIGIBLE TO FILE A TRIAL BY WRITTEN DECLARATION AND YOU SHOULD CONSULT A LAWYER REGARDING YOUR SPECIFIC LEGAL MATTER BEFORE TAKING ANY ACTION IN WHICH YOU ARE NOT AWARE OF THE POSSIBLE CONSEQUENCES.

Hopefully you don’t or won’t ever need to learn more about how this process works.  However, if you do, or you have a friend or family member that does, please feel free to share this article with them. 

The Trial by Written Declaration isn’t that difficult to complete once you have read the instructions. You will need to completely fill out the Request for Trial by Written Declaration (form TR-205) and sign it and mail it to the court with the required bail amount, which is another way of saying the “fine amount”. Once you mail in your statement to the court, the judge will request a statement from the officer. It takes the traffic court between 30 days to 90 days on average to review the Trial by Written Declaration defense and make a decision on it. If the officer doesn’t respond then generally your case will be dismissed for lack of prosecution. You can find estimates online that state you stand about a 30% change of having your citation dismissed due to no response from the officer. If the traffic ticket is dismissed as a result of the Trial by Written Declaration the traffic court will send a full refund of the bail amount that was submitted at the time the Trial by Written Declaration documents were filed, usually within 60 days. If you lose your Trial by Written Declaration you have 20 days to request a new trial pursuant to CVC 40902-d (a “Trial de Novo”, form TR-220). You can then appear in court for the first time for your second chance of winning.  At this point, if you lose you can request that the judge allow you to attend traffic school if you are eligible.

There are several websites that offer to complete the request for Trial by Written Declaration for you at a charge of $200 or more.  Most even offer a “money back guarantee” if you don’t win. A word of CAUTION however, many of these offers have a disclaimer with small fine print that further explains only a small portion of the total fee is refundable. 

In the end, it’s in your best interest to avoid a conviction from appearing on your motor vehicle record.  It can increase your insurance by an average of $250 per year for three to five years. 

Have questions about your auto insurance?  Want to save time and money shopping for the best possible rates that offer the most value?  Then call us today at 805.351.3851 and speak with a licensed agent at PacificPreferred Insurance Agency or email us at info@PacificInsuresMe.com!   

All content provided on this blog is for informational purposes only.  We encourage that you consult with a lawyer regarding your specific legal situation before filing any paperwork with the court. The owner of this blog makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information.