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How to Write Trial by Written Declaration

trial by written declaration tipsHow to Write Trial by Written Declaration - Pursuant to California Vehicle Code section 40902 (see below) a defendant accused of a traffic violation for an infraction may choose to fight the traffic ticket using a process called "Trial by Written Declaration". This process does not require for the accused to appear in court in order to fight the traffic ticket. Instead of an in person court trial a trial by written declaration is all done be sending the defense statement to the traffic court. The form used for a trial by written declaration is the court form TR-205. Form TR-205 is a very simple form containing information about the court where the officer filed the ticket and information about the the defendant such as; name, address, citation number etc. If the accused person has requested the court to do a trial by written declaration, then the clerk fills out the information on the form and provides the form to the defendant so that he/she may complete the Declaration of Facts section (Item #6) on page 2. Once the form TR-205 has been completed the defendant must submit the completed form to the traffic court for review. Obviously, the most important part of a trial by written declaration form TR-205 is the Declaration of Facts section. This is where the defendant must set forth the arguments that describe the reasons for which the traffic ticket should be dismissed. 

How to Write Trial by Written Declaration

Here is the best tips on how to write trial by written declaration: It is very important to complete the Declaration of Facts section as clearly as possible. The explanation and all the arguments must be based  on relevant information, avoiding everyday excuses. Also, in addition to having a good argument for the dismissal of the traffic ticket, it is important to have excellent writing skills to clearly explain the reasons for for the dismissal. It is important to concentrate on factual, technical or legal arguments to be able to write a successful trial by written declaration.

Can a defendant attach information to a trial by written declaration?

Yes, a defendant may include the following, if necessary, as an attachment to the trial by written declaration:

  • Pictures
  • Diagrams
  • Witness statement
  • Registration information
  • Insurance documents
  • Repair receipts
  • Medical records
  • Inspection certificates
  • etc

The attachments are used to support the arguments and the reason given in the Declaration of Facts section to get the ticket dismissed. 

40902 vc -   
(a) (1) The court , pursuant to this section, shall, by rule, provide that the defendant may elect to have a trial by written declaration upon any alleged infraction, as charged by the citing officer, involving a violation of this code or any local ordinance adopted pursuant to this code, other than an infraction cited pursuant to Article 2 (commencing with Section 23152) of Chapter 12 of Division 11.

(2) The Judicial Council may adopt rules and forms governing trials by declaration in accordance with this section. Any rule or form adopted by the Judicial Council pursuant to this paragraph shall supersede any local rule of a court adopted pursuant to paragraph (1).

(b) If the defendant elects to have a trial by written declaration, the defendant shall, at the time of submitting that declaration, submit bail in the amount established in the uniform traffic penalty schedule pursuant to Section 40310. If the defendant is found not guilty or if the charges are otherwise dismissed, the amount of the bail shall be promptly refunded to the defendant.

(c) Notwithstanding Division 10 (commencing with Section 1200) of the Evidence Code, the rules governing trials by written declaration may provide for testimony and other relevant evidence to be introduced in the form of a notice to appear issued pursuant to Section 40500, a business record or receipt, a sworn declaration of the arresting officer, or a written statement or letter signed by the defendant.

(d) If the defendant is dissatisfied with a decision of the court in a proceeding pursuant to this section, the defendant shall be granted a trial de novo.

(Amended by Stats. 1998, Ch. 265, Sec. 1. Effective January 1, 1999.)

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Most likely the reason you are on this website is that you were issued a Traffic Ticket in California. If so, you are in the right place. If you have decided to contest a traffic ticket with a trial by written declaration we can help prepare your documents for you. We specialize in fighting traffic tickets for infractions and over many years and we have helped thousands of people to successfully beat their traffic tickets.

Traffic tickets can damage a person’s driving record and consequently impact automobile insurance premiums and cost a lot of money over the years. So, if you have decided to contest your traffic ticket we can help by preparing all the necessary documents for you for a trial by written declaration with the goal of getting a dismissal of the ticket.

We offer a 100% Money Back Guarantee of our $99 flat fee in the event that the traffic ticket is not dismissed. NO Gimmicks, No Forms to fill, No Hoops to jump through. Just send us the court’s decision letter showing you were found guilty and the ticket was not dismissed. After we verify the information, we will issue you a 100% refund of our $99 flat fee. It’s that simple, see Our Guarantee Page.

Legal Disclaimer and Notice to Consumer: The information obtained from 2FixYourTrafficTicket.com hereafter referred to as FYTT and this website is intended to provide you only with general information. In short, the use of this website and the free informational or educational materials and any services provided by FYTT is not legal advice and it is not a substitute for advice from an attorney and should be used on “as is” basis. The Services of FYTT are provided by a registered and bonded Legal Document Assistant in LA County LDA2014166284 Valid through 6/17/2024. You may contact LA County registrar recorder at P.O. BOX 1208 Norwalk, CA 90650 or at 562--462-2177 or at lavote. net. A Legal Document Assistant cannot provide legal advice and can only provide self-help services like preparing, completing, or filing legal documents or forms at your specific direction and supplying you with attorney-approved written material for your self-help needs. If you choose to use this site or services provided by FYTT you agree that the free information provided on this website and information given by FYTT representatives, employees, attorneys or agents is not legal advice and no Attorney-Client relationship is created. FYTT is NOT A LAW FIRM, does not practice law, does not give legal advice, any opinion or recommendations about legal remedies, legal rights, legal defenses, or legal options. FYTT is allowed to complete legal documents in a professional and ministerial manner at the specific direction of the client. The representatives, agents and principles of FYTT are not acting as your attorney. Instead, you are representing yourself in any legal matter you undertake with the use of FYTT’s services regarding your traffic ticket. You may contact us at 6442 Platt Avenue, #203, West Hills, CA 91307 or 877--814-7542.