WHAT IS TRIAL DE NOVO ?
In California according to Vehicle Code Section 40902, defendants are allowed to fight traffic tickets by mail with a process called Trial by Written Declaration using the Trial by Written Declaration form TR-205. However, if a defendant is not successful in getting the traffic ticket dismissed with a trial by written declaration the defendant will have one of the following three choices:
1- Accept the verdict from the Trial by Written Declaration; or 2- Request traffic school, provided the defendant is eligible to attend traffic school; or 3- Continue to fight the traffic ticket with a Trial De Novo using trial de novo form TR-220 If you tried to fight traffic tickets with a trial by written declaration on your own and you did not succeed in getting the traffic ticket dismissed, you may still continue to fight traffic tickets with Trial De Novo by getting the help of our traffic ticket experts.
If you decide to use our service we will prepare your defense for you for your trial de novo and send the completed documents to you prior to your trial de novo court date. All you would have to do is to appear in traffic court for your trial de novo on the date and time of trial as given to you by the traffic court. Along with the documents we will provide you with information as to what will happen in traffic court for your trial de novo.
How to request Trial De Novo ?
If you receive the result of the trial by the written declaration and the verdict is guilty, you will have up to 20 days from the date of the letter of decision to file a request for trial de novo. In order to file for trial de novo, a defendant must use the form TR-220.
Form TR-220 is a simple one page form which requires basic information about the defendant and the traffic ticket. Most people get confused with item 3 on the form TR-220. The only required information to be inserted in item 3 of form TR-220 are the violation codes entered on the traffic ticket by the Officer and the traffic ticket number.
Once the form TR-220 has been completed, the form must be submitted to the designated traffic court prior to the 20-day period. The form TR-220 may be submitted to the traffic court in person or by mail. We strongly recommend using registered or certified mail with return receipt requested.