TRIAL BY DECLARATION CALIFORNIA
We encourage everyone to fight traffic tickets using a trial by declaration. The reason is simple. A trial by declaration provides an option to fight traffic tickets without ever going to traffic court. If the traffic ticket is not dismissed by a trial by declaration, the defendant is entitled to a new trial per Section 40902(d) of the California Vehicle Code. This gives you two chances to win.
Is it possible to go to traffic school if the ticket is not dismissed by trial by declaration? The short answer is YES. In almost all cases a defendant is allowed to go to traffic school after the ticket is not dismissed in a trial by declaration. In the very few cases where the traffic court may deny traffic school after a trial by declaration the defendant can point to Vehicle Code section 42005 and People v Wozniak which clearly indicated that a defendant may still have traffic school even after a conviction.
A trial by declaration California is simple to do as far as getting the forms and filling them out. The part that is complicated about trial by declaration is the statement of facts also known as the defense statement. That is where our traffic ticket experts can make a difference in the outcome of a trial by declaration.
How to Submit Trial by Declaration California?
There are many websites that encourage defendants to just enter “I stand by my plea of not guilty” under the section for Statement of Facts on the trial by written declaration form TR-205 and to submit the trial by declaration form to the court. Although, this is not being dishonest, the only thing that this strategy may get the defendant is that in a few cases the officer may not respond to the trial by declaration therefore, resulting in the dismissal of the traffic ticket. However, due to the current economic conditions of the state, it is highly unlikely that the officers do not respond to trial by declarations.
Do not put a request for traffic school in your statement if you lose. That is just a waste of time. You might as well have just asked for traffic school to begin without going through trial by declaration. The most important thing about submitting a trial by declaration is that you do it prior to the due date. You may do this in person or by mail. If you choose to mail the trial by declaration to the court, you should send it via certified or registered mail with return receipt requested. Ideally you should mail it at least five days prior to the due date. After submitting trial by declaration, the court will review your trial by declaration and the court clerk will mail you the decision. It normally takes 30 to 90 days to get the verdict to a trial by declaration. The verdict may be guilty, not guilty or the judge may reduce the points and give a partial refund. If you are found not guilty you will get a refund of the bail amount within 30 days after you receive the verdict to the trial by declaration.
As previously indicated, the most critical part of a successful trial by declaration is the statement of facts which should clearly express the reasons for which the ticket must be dismissed. The most successful trial by declarations are the ones that create a defense based on the vehicle code and the law enforcement operational policies or the state rules that govern the installation and operation of traffic control devices such as traffic signals, signs and pavement markings.