Tips on How to Use A Trial by Declaration to Fight Your Traffic Ticket in California

Fighting a traffic ticket does not always require your appearance in court.  A Trial By Declaration is the alternative way you can contest your traffic ticket for an infraction if you are not required to appear in court. Information about a trial by declaration is stamped on the back of your California traffic ticket.

You can do this yourself.   Many people win using this method because the officer who wrote the ticket does not file the papers to contest your declaration on time.

You qualify to have a trial by written declaration if you satisfy each of these three requirements:

1.  You were given a ticket for an infraction (as opposed to a misdemeanor or felony crime);
2.  The due date stamped on your ticket has not yet passed; and
3.  The courtesy notice or traffic ticket does not state that you MUST appear in court.

Go to the California Court website at www.courts.ca.gov/

 and go to self-help, then click on traffic and then on traffic trial.  There you will see information about traffic court trials. The first is for appearing in court and the second option is trial by declaration, so click on that.

Because the court's website  includes instructions that you can follow,  I won’t duplicate what is already on the court’s website.  But, I will try to add some information that is missing.

When you fill out your Trial by Declaration, make certain that you are familiar with the Vehicle Code section that you have been charged with violating.  Read that section carefully.  You will want to focus on the elements of that statute that you contend cannot be proven.

Remember, after you follow all of the court’s instructions for having a Trial by Declaration, if you disagree with the court’s decision, you can ask for a new trial (called a "trial de novo") that will be held in court.  At that trial, you will need to attend court and bring your evidence and witnesses (if any) with you.

You have 20 days after the court's decision was mailed to you to ask for a new trial. fill out a Request for New Trial (Trial de Novo) (Form TR-220) and mail it or file it in the court that heard your trial by declaration.  Make sure you keep a copy of this for your records as evidence that you requested a new trial. You will probably want to send this to court by certified mail or some method that tricks its delivery.

When the court hears your case in court, the court will not be limited to the evidence considered in the Trial by Declaration.  New evidence can be presented.  Also, you can hire a lawyer to represent you at the court trial.

 copyright © 2015 Christine Esser


The information contained here is for informational purposes only and is not legal advice or a substitute for legal counsel. Online readers should not act upon this information without seeking professional counsel. Information on this blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and Christine Esser. An attorney-client relationship is only established when a written retainer has been signed.

Last updated: February 8, 2016


Disclosure: If you click on the links below, you will be directed to the Amazon website. Helpful information is contained in the books listed below that may help you to win your case. Fight Your ticket and Win in California is for California traffic tickets and Beat Your Ticket is for tickets outside California.