How to Write Trial by Written Declaration

How 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.)