What Happens If You Lose Your Trial by Written Declaration

You Received a Guilty Verdict. Now What?

If the judge finds you guilty after reviewing your Trial by Written Declaration, you will receive a written notice of the decision by mail (or email if you filed through OTBD). The bail you deposited when filing is applied toward your fine. In most cases, nothing additional is owed.

But this is not the end of your options.

Option 1: Request a De Novo Trial

Under California Vehicle Code 40902(d), if you lose your Trial by Written Declaration, you have the right to request a new trial in person, called a De Novo trial. This gives you a fresh start in front of a judge, as if the written declaration never happened.

• You must request the De Novo trial within a specific window after receiving the guilty verdict, typically 20 to 30 days. Check your verdict notice for the exact deadline.
• The De Novo trial is a live court hearing. You appear in person, present your argument, and cross-examine the officer if they appear.
• If the officer does not appear at the De Novo trial, the case is typically dismissed.
• Your bail from the TBWD remains on deposit and is applied toward the fine if you lose the De Novo trial as well.

Option 2: Request a Fine Reduction

If you choose not to pursue a De Novo trial or lose that as well, you can apply for a fine reduction through the court's ability to pay program. California courts are required to offer this option to drivers who qualify based on income.

Learn about California ability to pay options California Ability to Pay Guide →

Option 3: Set Up a Payment Plan

Most California courts allow you to pay your fine in installments. Contact the court or use MyCitations to request a payment schedule. Failing to pay on time can result in a hold on your driver license, so set up a plan before the due date.

What About the DMV Point?

A guilty verdict from a TBWD results in a DMV point being assessed to your driving record, just as if you had paid the fine originally. The point stays on your record for three years from the violation date and can affect your insurance rates.

If you are eligible for traffic school, completing an approved course can mask the point from insurance reporting, even after a TBWD loss. Check with your court.

Was the TBWD Worth It?

Yes, in most cases. The TBWD process costs nothing beyond your time and the bail deposit you were going to pay anyway. You had a legitimate chance at dismissal. You still have De Novo trial rights. And if your financial situation has changed, ability to pay options remain available.

The only scenario where the TBWD makes things worse is if you miss the De Novo deadline after losing, which closes the door to a live hearing. That is why reading your verdict notice carefully matters.

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