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

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 citing officer is asked to send a written statement. If the officer does not, the case may be dismissed, but that is the judge's decision and no result is guaranteed.

How It Works

When you file a Trial by Written Declaration, the court clerk sends the citing officer the forms for a written statement and sets a date for it (California Rules of Court, rule 4.210). The officer is asked to send a statement by that date. When the date passes without one, the clerk sends the case file to the judge, who decides the case on the evidence the court has. That evidence can include the citation itself (Vehicle Code 40902(c)). The case may be dismissed, but that is the judge's decision and no result is guaranteed.

How Often Does This Happen?

There is no official statewide data on how often officers do not respond in a Trial by Written Declaration, and it varies by agency, court, and how much time has passed 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.

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, most courts give you 20 calendar days to request a Trial de Novo (a new trial) under CVC 40902(d). Courts that offer online trial by declaration through MyCitations do not allow a new trial; you can appeal instead.

Learn when a Trial de Novo is available 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.
• In most courts, it keeps your right to a Trial de Novo (courts that offer online trial by declaration through MyCitations do not allow one).
• If the officer does not send a statement, the case may be dismissed, but that is the judge's decision and no result is guaranteed.
• If the case is dismissed, your bail deposit is refunded (Vehicle Code 40902(b)).

Contesting is not risk-free. If the judge finds you guilty, you have the same conviction and the same DMV points as if you had paid, and your bail deposit is applied to the fine, but the judge can set a fine higher or lower than the bail. Going to trial does not make you ineligible for traffic school, but after a guilty finding it is up to the judge.

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