What Is Trial by Written Declaration in California? A Complete Guide

Trial by written declaration is a way to contest a California traffic infraction by mail: you send the court your written statement and evidence (usually on form TR-205), the officer who cited you is asked for a statement too, and a judge decides from the papers without anyone appearing in court (Vehicle Code § 40902).

Most California drivers who get a traffic ticket either pay it or take a morning off work to go to court. There is a third option that many people do not know about, or assume is too complicated to bother with.

It is called a Trial by Written Declaration, and it lets you contest a traffic citation in California without ever going to court.

The Basics

A Trial by Written Declaration (TBWD) allows you to contest a traffic ticket entirely in writing. Instead of appearing before a judge, you submit a written statement explaining why you believe the citation should be dismissed. The officer who issued your ticket is asked for a written statement too. A judge reviews both statements, along with any evidence, and makes a decision.

The legal basis is California Vehicle Code Section 40902. It requires courts to let you choose a trial by written declaration for a Vehicle Code infraction, such as speeding, a rolling stop, an illegal turn, or a cell phone violation. It is a right under state law, not a favor the court grants.

Request it with form TR-205; here is each box explained. Form TR-205, Box by Box →

Who Can Use It

Vehicle Code 40902 covers Vehicle Code infractions, with one exception: alcohol- and drug-related infractions, such as an open container, cited under Vehicle Code 23152 to 23229.1. It does not cover misdemeanors, which are not infractions. If your charge is a misdemeanor, the written process is not available. If you are not sure whether your charge is an infraction or a misdemeanor, check your notice or the court's website.

Common infractions people contest this way include:

• Speeding (VC 22350, VC 22349)
• Red light and stop sign violations (VC 21453, VC 22450)
• Unsafe lane changes (VC 22107)
• Not obeying traffic signs or signals (VC 21461)
• Cell phone violations (VC 23123, VC 23123.5)

Camera tickets depend on the program. A traditional red light camera ticket (Vehicle Code 21455.5) is a court citation for a Vehicle Code 21453 infraction, so you can use trial by written declaration. AB 645 speed camera notices and SB 720 civil red light notices are not court cases: you contest them through the city's initial review and then an administrative hearing.

How the Process Works

1. Request a Trial by Written Declaration from the court handling your citation, by the date on your ticket or courtesy notice. The courtesy notice or the court's website explains how that court takes requests.
2. Fill out form TR-205 (Request for Trial by Written Declaration). This Judicial Council form holds your request and your written statement. Some courts use their own local version, so check the court's website.
3. Write your declaration. This is the critical step: your declaration is your side of the case. It should clearly and specifically explain why the citation should be dismissed. General statements are not persuasive; a strong declaration addresses the specific elements of the violation.
4. Pay the bail, usually. Most courts require you to deposit the full bail amount (the fine plus assessments) when you turn in your declaration. This is a deposit, not a payment: the court holds it until the judge decides. Courts that offer online trial by declaration through MyCitations generally do not require bail up front.
5. Submit before the deadline. In courts that offer it, you can file online through MyCitations. Otherwise you mail your declaration or turn it in at the court. The court must receive it by the due date, and the postmark does not count, so send it early.
6. The citing officer is asked for a written statement. If the officer does not send one, the case may be dismissed, but that is the judge's decision and no result is guaranteed.
7. The judge reviews everything and issues a decision by mail or email.

The bail deposit is often the biggest consideration for drivers. Check your court's instructions for the amount and how to pay it.

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

What Your Declaration Can Cover

Your declaration is your account of what happened, in your own words. These are points drivers often cover. They are general information, not legal advice about your case.

• Specific details: the date, time, and location, and what you saw and did.
• Each element of the charge. A violation is made up of specific facts set out in the Vehicle Code section on your ticket. For a red light ticket, for example, one is whether the light was already red when you crossed the limit line. A declaration can address each one.
• Conditions at the time: weather, traffic, lighting and visibility, and the signs or signals at that location.
• Length: one to two pages is usually enough. A clear, focused statement is easier to read than a long essay.

Learn how to write a clear, specific declaration. How to Write Your Declaration →

What Happens If You Win

If the judge finds you not guilty, the court refunds your bail. Because there is no conviction when you are found not guilty, no point goes on your driving record.

What Happens If You Lose

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. If the fine is lower, the court refunds the difference; if it is higher, you owe the balance. Going to trial does not make you ineligible for traffic school, but after a guilty finding it is up to the judge. What you can do next depends on the court.

In most courts, Vehicle Code 40902(d) lets you ask for a Trial de Novo: a new, in-person trial in court. You ask for it with form TR-220 within 20 calendar days after the court mails its Decision and Notice (form TR-215). Weekends and holidays count.

Courts that offer online trial by written declaration through MyCitations do not allow a new trial, even if you filed by mail or in person; you can appeal instead (Government Code 68645.4). If a second trial matters to you, check your court's traffic page before you file.

See when a new trial is available and how to ask for one. Trial de Novo in California →

Weighing that risk against paying or traffic school? When a Written Declaration Is Worth It →

Why Drivers Choose It

• No time off work and no hours at the courthouse.
• You can write your statement carefully, without the pressure of speaking in a courtroom.
• You present your case on paper, where you can organize your points clearly.
• In courts that allow it, a Trial de Novo gives you a second, in-person trial if you lose (see above).

The amounts at stake matter too. Under the Judicial Council's 2026 bail schedule, a $35 base fine becomes $234 after all penalties and fees, and a $100 base fine becomes $486 (some counties charge more). A written declaration is a way to tell your side without going to court. The decision is the judge's, and no result is guaranteed.

Why Most People Do Not Do This

The system is not designed to make this easy. The forms can be confusing. Deadlines vary by court. Instructions on the back of your ticket are vague at best. Most people have no idea what to write in their declaration or which points apply to their specific violation.

Doing it yourself or getting help: what each one costs. What It Costs to Fight a Ticket →

The Online Trial by Declaration Option

California is rolling out Online Trial by Declaration through the courts' MyCitations portal. As of October 2026, the California Courts list it in Amador, Imperial, Nevada, Sacramento, San Francisco, and Siskiyou counties, with more courts expected to join. In those courts, bail generally is not required up front, and there is no Trial de Novo after the decision, even for declarations filed by mail. Even where online filing is available, the court does not help you write your declaration. TicketClear prepares your declaration regardless of which county you are in and how you submit it.

Read more about filing online. Online Trial by Declaration (OTBD) →

Estimate your total fine with penalty assessments. California Traffic Ticket Calculator →

Ready to fight your ticket? Check if my ticket qualifies →