How to Write a Trial by Written Declaration

Understanding the CVC 40902 Declaration Format

A Trial by Written Declaration under CVC 40902 (Trial by Written Declaration) is submitted using the TR-205 form, which is the official California Judicial Council form for this purpose. The form includes a section where you can write your statement of facts. If you need more space, you can attach additional pages.

Your written statement is your opportunity to present your side of the case to the judge. It should be clear, organized, and factual. The judge will read your statement alongside the citing officer’s statement, so it is important to address the specific elements of the alleged violation.

While there is no single required format for your statement, writing in a professional, respectful tone and organizing your points logically can help make your case more persuasive. Many drivers find it helpful to write in numbered paragraphs for clarity.

What to Include in Your Statement

An effective written declaration typically includes several key elements. Addressing each of these points helps ensure that the judge has a complete understanding of your perspective on the alleged violation.

• Your name, the citation number, and the date and location of the alleged violation.
• A factual description of the circumstances surrounding the incident.
• Any specific defenses that apply, such as issues with signage, road conditions, or the accuracy of speed measurement.
• References to relevant California Vehicle Code sections, if applicable.
• A request that the court dismiss the citation based on your statement.

When describing the circumstances, focus on facts rather than emotions. Statements like "I was driving safely and responsibly" are less persuasive than specific, verifiable details about road conditions, traffic patterns, or signage at the location.

Tips for Writing Your Statement

Writing an effective written declaration takes some thought and preparation. The following tips may help you present your case more effectively.

1. Visit the location of the alleged violation to refresh your memory and take photographs if relevant.
2. Write your statement well before the deadline so you have time to revise it.
3. Use clear, simple language. You do not need legal jargon to be persuasive.
4. Address each element of the alleged violation directly.
5. Be honest. Exaggerating or misrepresenting facts can undermine your credibility.
6. Have someone else read your statement to check for clarity before submitting it.

Common Mistakes to Avoid

Many drivers make avoidable mistakes when writing their Trial by Written Declaration. Being aware of these common pitfalls can help you submit a stronger case.

• Admitting to the violation in your statement (e.g., "I know I was going a little fast, but...").
• Writing an overly emotional or angry statement instead of sticking to facts.
• Failing to address the specific elements of the violation.
• Submitting a statement that is too vague or too short to be persuasive.
• Missing the filing deadline or forgetting to include the bail deposit.
• Not keeping a copy of your declaration for your records.

Filing Your Declaration

Once your written statement is complete, you need to file it with the court along with the required bail deposit. The specific filing method depends on the county where your case is assigned.

Most courts accept TBWD filings by mail. Some courts also offer online filing options. Check with the court listed on your citation for the available filing methods and the mailing address for your declaration.

When mailing your declaration, include the completed TR-205 form, your written statement, the bail deposit (check or money order made payable to the court), and any supporting evidence you want the judge to consider. Use certified mail with return receipt requested so you have proof of timely filing.

Learn what happens after you file your declaration. What Happens After Filing a TBWD →

Understand the bail deposit requirement. Bail Deposit Requirement for TBWD →