Trial by written declaration traffic california

Obviously, for people who get traffic tickets far away from their location of residence or work it would be more convenient to submit the trial by written declaration paperwork through the mail rather than driving to the court.

Even in cases where the traffic court may not be far away, it would still be more convenient to mail the trial by written declaration documents to the traffic court rather than taking the time to go to court stand in line and then submit the trial by written declaration documents. Once the trial by written declaration documents are submitted, 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.

Then, a decision letter is sent out informing the defendant about the outcome of the trial by written declaration. 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 the traffic ticket is only reduced or not dismissed after a trial by written declaration a defendant can choose to accept the verdict, go to traffic school if eligible , or continue to fight the traffic ticket in traffic court.

Basically, if you lose the trial by written declaration you have lost nothing. You can still fight the traffic ticket in a court trial as if the trial by written declaration never happened. Unfortunately, the court does not always send out the forms to request Trial De Novo with the decision letter for the trial by declaration. If the choice is to continue to fight the traffic ticket with a Trial De Nove, the defendant has 20 days from the date on the decision letter for the trial by written declaration to file the traffic court form TR requesting a new in court trial.

For a Trial De Novo, the traffic court will give the defendant a specific date and time to appear in traffic court to present the traffic ticket defense to a judge. Most likely a different judge than the one who reviewed the Trial By Written Declaration. If the traffic officer that issued the traffic ticket does not show up for the traffic court trial then the judge will dismiss the traffic ticket. If the Officer does show up, in a traffic court trial the judge will ask the Officer questions about the traffic ticket case and also will give the defendant an opportunity to present the traffic ticket defense.

Then, the judge will make a decision. If the traffic ticket is dismissed then that is the end of it and the traffic court will send out a refund for the bail amount that was originally paid at the time the Trial By Written Declaration was filed. If the traffic ticket is not dismissed, then the defendant may request to attend traffic school at that time.

That was an explanation of the process to fight traffic tickets by filing a California Trial by Written Declaration and the steps that may follow. If you have decided to fight your traffic ticket, you could use the help of our traffic ticket staff to prepare your trail by written declaration documents. When people find out that they can fight traffic tickets with a Trial by Written Declaration, the most common question is how do I fight traffic ticket with a Trial by Written Declaration?

Because most people have never heard that they can fight traffic tickets with a trial by written declaration. Another common question is do I need a traffic ticket attorney for a Trial by Written Declaration? Or do I need a legal document filing service to prepare my trial by written declaration? First, you do not need a traffic ticket attorney or a legal document filing service to file your Trial by Written Declaration.

You can do it yourself. Requesting the court forms for a trial by written declaration and filling them out is very easy. If you prepare a traffic ticket defense for your Trial by Written Declaration based on the usual traffic ticket excuses such as "I did not see the red light in time" or "I was going too fast to stop" or "I entered the intersection when the light was yellow" or "Everyone else was driving at 80 mph" or "I was driving with the flow of traffic" the probability that your red light camera ticket or your speeding ticket would be dismissed is almost zero.

To prepare an effective traffic ticket defense, you need a complete understanding of the California Vehicle Code, law enforcement policies and detailed knowledge of installation and maintenance requirements of traffic control devices such as:. This is not the best option to challenge a ticket. With a trial by written declaration all evidence and testimony can be entered in a written form without any personal attendance by the defendant which drastically increases your chance of success.

You will also save a substantial amount of money in legal fees as no Court appearances are necessary. If the officer does not complete necessary declaration paperwork in time, the case is dismissed, and bail monies returned. Furthermore, an officer will have a harder time recalling the facts of the incident, when a driver is not present in court. Lastly, not appearing in court takes the factor of intimidation off the table. By simply submitting a written declaration, a driver has a higher chance of receiving a dismissal with a well composed defense.

It is true that people look for ways to spend less money. Electing a trial by written declaration reduces the cost for a driver as opposed to retaining an attorney to represent them in court. Traffic courts are a revolving door. The court docket is always full, our goal is to move things along expeditiously. People are impatient and irritated about having received a violation in the first place. Realistically, a driver may not be able to present a complete case in front of judge.

The advantage of a trial by written declaration is a judge is able to review privately the arguments of the case without the influences of the court. In a court trial, the judge has the pressure of making examples, so it is very difficult for a judge to hand out fine suspensions or reduce fines with other defendants expecting the same breaks. Another benefit of trial by written declaration provides an advantage if a driver happens to lose their case. A driver may set up a new trial through Trial De Novo that provides an opportunity to start over and present a new case to fight the ticket.

Many factors play a part in the opportunity. First, there is a possibility of a fresh set of eyes from a new judge reviewing the case. Second, if the officer does not show up a driver automatically wins. Third, additional time is added before the case is heard; increasing the length of time the officer has to recall facts from the incident. A trial by written declaration is the only option that allows a driver the chance of a new case, simply if they do not agree with the outcome of his or her first trial.

Finally, granted that a driver has not attended a traffic school within the last 18 months, a driver is eligible and has the right to attend traffic school.

Traffic school is not an option for commercial drivers who receive a violation in their commercial vehicles. A driver with a CDL license, who receives a violation in their personal vehicle, may attend traffic school if approved by the court. Speeding violations 25 mph over the limit are not eligible for traffic school unless approval given by the court. A written statement removes the need to appear in person before the court.

A successful trial by written declaration will eliminate any financial damages. Success rate higher with written declarations vs in court appearances.

Rules of evidence in California favor those that opt for these written declaration. Common Misconceptions Common misconception that people have about this process is that it is a easy, quick, straightforward method.

However, there are times when this written declaration is not an option. One-Touch Tools. The Latest. What are the four major speed laws in California? Terms and Conditions Privacy Policy. Auto Insurance Savings Calculator. Here is a checklist for having a trial by written declaration. Skip to main content Skip to topics menu Skip to topics menu.

Cancel Print. Advanced Search. Trial by Written Declaration. Additional eligibility requirements include: You were issued a ticket for infraction violations only; The due date to take care of your ticket has not passed; and Your ticket or courtesy notice does not say that you must appear in court.

Fill out your court forms. Attach a written statement of what happened and make sure to include details. If you are going to attach evidence like photographs or diagrams, explain in your written statement what evidence you are attaching.

For your written statement you can use a form called Declaration form MC and, if you need more room to complete your statement, a form called Attached Declaration form MC If you do not use these forms, make sure you write, at the end of your statement: "I declare under penalty of perjury under the laws of the State of California that this statement is true and correct.

You can also use these forms if you have witnesses that want to write statements. Enclose your bail payment. You must include payment of your bail amount which is the amount shown on your courtesy notice or provided by the clerk with your Request for Trial by Written Declaration form TR Use a check or money order. Do not send cash.

Make an extra copy of all your forms.