When Officers Don't Respond: How the TBWD Process Benefits California Drivers

One of the most underutilized facts about California's Trial by Written Declaration process under CVC 40902 (Trial by Written Declaration) is this: if the citing officer does not submit a written declaration in response to yours, the case is automatically dismissed. This happens more often than most drivers expect — and it is one of the strongest reasons to always contest a traffic ticket rather than just paying it.

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How the CVC 40902 Officer Declaration Requirement Works

In a Trial by Written Declaration, both parties — you and the citing officer — are required to submit written declarations. The officer must submit a written account of the stop, the alleged violation, and the basis for the citation. This is the officer's sworn testimony in writing.

When you file for TBWD, the court notifies the citing agency (usually a police department or highway patrol office) that a written declaration has been filed. The officer then has a specified period to submit their own declaration.

Why Officers Don't Always Respond

Officers have demanding schedules. They write many citations, transfer between assignments, retire, or simply receive the TBWD notification during a busy period. The reasons officers do not respond to written declarations include:

• Officer was transferred to a different assignment or jurisdiction
• Officer retired or left the department
• Administrative notification was not properly forwarded
• Officer had higher-priority cases requiring their time
• The incident was minor enough that the officer chose not to pursue it in writing
• Officer was on extended leave during the response window

What Happens When the Officer Does Not Respond

When the officer's deadline passes without a written declaration, the court has no evidence against you. The violation cannot be proven without the officer's testimony. In this situation, California courts dismiss the case — and your bail deposit is refunded in full.

How Often Do Officers Fail to Respond?

There is no statewide published statistic on officer non-response rates, but evidence from court observers, traffic attorneys, and public records suggests that somewhere between 20% and 30% of TBWD cases are dismissed due to officer non-response. The rate varies by court, by agency, and by type of violation. Highway patrol citations tend to have higher officer response rates than local police department citations.

TBWD is Worth Filing Even If the Officer Responds

Even if the officer does submit a declaration, your written declaration still presents your version of events to a judge who has not been standing next to the officer every day. Judges reviewing TBWD cases are reading cold written statements — which levels the playing field compared to an in-person hearing where officer credibility and presence can influence the outcome.

Additionally, even if you lose the TBWD, you still have the right to request a Trial de Novo — a new in-person trial. The TBWD process is a risk-free step: the only cost is the bail deposit (which you get back if you win) and your time (which TicketClear dramatically reduces).

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