What Is A Trial By Written Declaration?
The Vehicle Code section 40902 will ensure that a defendant is able to challenge traffic infraction citations in writing. This means that there’s no need for you to appear in court to challenge the traffic infraction.
The “trial by written declaration” is an option that will be available on cases involving infraction violations or local ordinances that are underneath the vehicle cost.
You will be eligible to request a trial by written declaration if you are charged with a traffic infraction or a local ordinance that is under the Vehicle Code. The exception will be if you were issued a ticket that involved either drugs and alcohol or it requires a mandatory appearance in court.
There are other eligibility requirements that you should keep in mind as well. These include:
- If you were issues tickets for infraction violations
- If the due date for the ticket has not passed
- If the ticket or courtesy notice says that you don’t need to appear in court
How Do You Ask For A Trial By Written Declaration?
If you are interested in requesting a trial by written declaration, you need to make sure that you ask at the clerk’s office. Or, alternatively, you can request this by mail by writing to the court address that is going to be listed on your ticket.
If you do decide to mail your request, then make sure that you think about including a stamp as well as a self-addressed envelope.
The court will write back with instructions as well as a form that is entitled Request for Trial by Written Declaration.
The top portion of this form should be filled out by the court clerk with all the relevant and required information. It’s important to make sure that you prepare the form carefully.
How Should You Write Your Trial By Written Declaration?
Once you have been sent the right form, you will be able to complete a full written declaration. With this form, you should provide a full written account of what happens and make sure that you include all of the right details.
You might be interested in including evidence. If that’s the case, then you should explain in your statement what evidence you are attaching whether this is photographs or diagrams.
You should use the Declaration form to provide your written statement. If you need more space then you should use a second form referred to as Attached Declaration.
If you do not use these forms then you need to add a statement underneath your written declaration. This declares that all the information that you have provided is true and correct under the laws of the state of California.
You should also make sure that you both print and sign your statement. You may also use these forms if you are adding witnesses as part of your defense. They are also required to sign these forms under penalty of perjury.
What Other Steps Are Required?
You will also need to make sure that you include the bail payment. This is the amount that is shown on your courtesy notice which will be provided by the clerk. You can use a check or a money order to pay the cost. However, it is important to make sure that you do not send cash when you are completing the payment.
You do need to make sure that you are making an extra copy of all your forms. By making extra copies of your forms, you can guarantee that you will have all the information that you need for your records. It’s important to guarantee that you have at least one copy, in case the copy that you send out gets lost.
The police officer involved in your case will also have the opportunity to provide a declaration too. The clerk will contact the police officer who provided you with the citation.
What Happens Next?
Once you have completed a written declaration, the court will make a decision by a specific date. A judicial officer will be responsible for reviewing your papers and then make a final decision on your case. The decision by the court will be sent out in the mail and you will be informed whether you were found guilty or not guilty.
What If You Are Not Satisfied With The Decision?
Finally, you should be aware of the steps that you can take if you are not satisfied with the court decision. It is possible to ask for a new trial referred to as a “trial de novo” You will need to go to court for this trial.
What Types of Tickets Do We Help With?
GetDismissed produces results in fighting all kinds of tickets. Unfortunately, this list does not include exhibition of speed citations. Your best bet in fighting one of these infractions, is to contact an attorney. An attorney can negotiate on your behalf to try and reduce fines, or even to reduce the charges to a lesser infraction which could possibly qualify for traffic school.
We do however, contest infractions revolving around speeding, red lights, red light cameras, cell phones, signs (primarily stop signs), carpool violations, U-turns, out of lane violations, and commercial violations. If you receive a citation and have questions, contact us today.