TRAFFIC COURT TRIAL
TRAFFIC TRIAL BY WRITTEN DECLARATION
TRAFFIC TRIAL DE NOVO
If you are entering a plea of not guilty and proceeding to trial, there are two
types of trials in infraction cases. One type is a 'Traffic Court Trial' and the
second type is a 'Traffic Trial by Declaration.'
A court trial is an examination of facts and law and is presided over by a judge
or commissioner. You must be prepared to produce all evidence, documents, or
witnesses to support your case. The court trial can be requested at your
arraignment or you can request a court trial without appearing for arraignment
by completing the correct section on page one of your Courtesy Notice and
returning it to the court.
The following requirements must be met to qualify for a court trial without
appearing for arraignment:
Full fine/bail must be paid (cannot be paid by credit card);
Violation(s) must be infractions only;
No prior failure to appear on the case;
A written Not Guilty plea must be entered.
Vehicle Code section 40902 allows a defendant to contest citations in writing,
without having to make a personal court appearance. This procedure is called a
“trial by declaration.” Trials by written declaration are available in cases
involving infraction violations of the Vehicle Code or of local ordinances
adopted under the Vehicle Code. You can request a trial by declaration by
completing the correct section on page one of your Courtesy Notice and returning
it to the court before the appearance date on your citation/ticket.
The following requirements must be met to qualify for a Trial by Declaration:
Full fine/bail must be paid (cannot be paid by credit card);
Violation(s) must be infractions only;
No prior failure to appear on the case;
Enter a “not guilty” plea in writing.
Neither you nor the officer will appear in court. The court will consider the
case based upon the forms completed by you and the officer, and the court will
mail you the Decision and Notice of Decision. If you do not agree with the
court's decision, please see the section below on Trial de Novo (request for new
trial).
If you were found guilty after a trial by written declaration you can file a
request for new trial. Vehicle Code 40902(d) provides for a trial de novo for a
defendant who is dissatisfied with a decision of the court.
You must request the Trial de Novo within 20 days of the date the clerk mailed
the Notice of Decision by filing the form "
Request for New Trial (Trial De Novo) Judicial Council form TR-220" which is
available on the Forms Tab in the Traffic Divisions page.