Trial de Novo in California: When You Can Get a New Trial After a Written Declaration

If a judge finds you guilty after a Trial by Written Declaration, you may still have options. In most courts, California Vehicle Code section 40902(d) lets you ask for a Trial de Novo (a completely new trial) within 20 calendar days after the court mails its decision. Courts that offer online trial by written declaration through MyCitations do not allow a new trial; you can appeal instead.

What Trial de Novo Means

A Trial de Novo is not an appeal. It is a brand new trial from scratch:

• The written declaration you previously submitted is set aside.
• The citing officer is asked to appear in person and testify.
• You appear in person (or through an attorney) to present your case.
• The judge considers only the evidence and testimony presented at the new hearing.

How to Request One

Where a Trial de Novo is available, you ask for it on form TR-220 within 20 calendar days from the date the court mailed its Decision and Notice (form TR-215). Weekends and holidays count. Under California Rules of Court, rule 4.210, a timely request means the clerk sets the new trial within 45 days; a late request means no new trial. Your original bail deposit stays with the court.

The MyCitations Exception

Some California courts let drivers ask for a trial by written declaration online through MyCitations, the California courts’ online traffic tool. Government Code section 68645.4 says that in those courts there is no right to a Trial de Novo. The rule also covers declarations filed by mail or in person in those courts, not only the online ones. The California Courts self-help guide says the same thing and points drivers to an appeal instead.

As of October 2026, the California Courts list six courts with online trial by declaration: Amador, Imperial, Nevada, Sacramento, San Francisco and Siskiyou (California Courts Newsroom, February 9, 2026, and the MyCitations site). More courts are expected to join, so check your court’s traffic page or mycitations.courts.ca.gov before you file.

Why Trial de Novo Matters

In courts that allow it, the TBWD plus Trial de Novo process effectively gives you two chances to contest your ticket:

• At the TBWD stage, 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.
• If the judge rules against you, the officer is asked to appear and testify at the new in-person hearing. Officers sometimes do not appear because of scheduling conflicts, reassignment, retirement, or other reasons. If the officer does not appear, the case may be dismissed, but that is the judge's decision and no result is guaranteed.

The Timeline

From the date of your citation to the resolution of a Trial de Novo, the process can take six months to over a year.

Sources: California Courts self-help guide, Trial by written declaration (selfhelp.courts.ca.gov/traffic/trial-declaration); Vehicle Code section 40902; Government Code section 68645.4; California Rules of Court, rule 4.210. Checked October 7, 2026.

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