What happens if the officer does not respond to my written declaration?

If the citing officer does not submit their written statement by the court's deadline, the judge only has your declaration to consider. In most cases, the court finds in the driver's favor and dismisses the citation.

How likely is it that the officer will not respond?

There is no official statewide data, but estimates suggest non-response rates between 10% and 40% depending on the agency, jurisdiction, and elapsed time since the citation. Factors like officer transfers, retirements, and workload can affect response rates.

Should I file a TBWD just hoping the officer won't respond?

You should prepare a thorough, factual declaration regardless. Officer non-response is a possible outcome, but not guaranteed. A well-prepared declaration can make a difference even when the officer does respond. There is no downside to filing.

What if I lose even though I filed a good declaration?

If the judge finds you guilty after a Trial by Written Declaration, you have 20 calendar days to request a Trial de Novo — a completely new in-person trial. Your bail deposit covers the fine, so the financial outcome is the same as if you had paid the ticket.

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Can a Traffic Ticket Be Dismissed If the Officer Does Not Respond?

Updated April 10, 20262 min readWritten Declaration

One of the most common questions about Trial by Written Declaration is what happens if the citing officer does not submit their side of the case. The answer is straightforward: if the officer does not respond, the court generally finds in the driver's favor and dismisses the citation.

How It Works

When you file a Trial by Written Declaration, the court sends a copy of your declaration to the citing officer's agency. The officer is given a deadline to submit their own written statement (their portion of the TR-205 form). If the officer does not submit a response by the court's deadline, the judge only has your version of events to consider. In most cases, this results in a dismissal.

How Often Does This Happen?

There is no official statewide data on officer response rates for TBWD. Estimates range widely — from 10% to 40% non-response depending on the agency, jurisdiction, and time elapsed since the citation. Several factors can affect whether an officer responds:

Officers who have been transferred, retired, or left the department may not receive the request.
High workload periods may cause responses to be deprioritized.
The longer the time between the citation and the TBWD filing, the less likely some officers are to respond.

Important

It is important not to rely on non-response as a strategy. A well-prepared declaration matters regardless of whether the officer responds.

What If the Officer Does Respond?

If the officer submits their statement, the judge reviews both declarations and makes a decision. A well-prepared, specific, and factual declaration can make a difference even when the officer responds. If the judge finds you guilty after a Trial by Written Declaration, you have <strong>20 calendar days</strong> to request a Trial de Novo (a new trial) under CVC 40902(d).

Learn about your right to a Trial de Novo after a TBWD denial. Trial de Novo in California →

Why File TBWD Even If You Expect the Officer to Respond?

Filing TBWD provides multiple benefits regardless of the officer's response:

It extends the timeline of your case, often by several months.
It gives you a written opportunity to present your account.
It preserves your right to a Trial de Novo in most counties.
If the officer does not respond, your ticket is dismissed.
There is no downside to filing — your bail deposit covers the fine if you lose, the same outcome as simply paying the ticket.

Learn how Trial by Written Declaration works. What Is Trial by Written Declaration? →

Disclaimer

This article is for informational purposes only and does not constitute legal advice. TicketClear is not a law firm. If you need legal advice, consult a licensed attorney.

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