Trial de Novo in California: Your Second Chance After a Written Declaration

If a judge finds you guilty after a Trial by Written Declaration, you are not out of options. California Vehicle Code section 40902(d) gives you the right to request a Trial de Novo — a completely new trial — within 20 calendar days of the court mailing its decision.

What Trial de Novo Means

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

• The written declaration you previously submitted is set aside.
• The officer must appear in person to 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

After receiving the court's guilty verdict from your TBWD, you have <strong>20 calendar days</strong> from the date the court mails the decision to file a request. The request is typically made in writing to the court. Some courts have specific forms; others accept a written letter citing CVC 40902(d). There is generally no additional fee. Your original bail deposit remains with the court.

The MyCitations Exception

Some California counties offer online Trial by Written Declaration through a platform called MyCitations. In certain jurisdictions the availability of this online option may affect your eligibility for a Trial de Novo. If Trial de Novo eligibility is important to you, verify with your court before filing your TBWD.

Why Trial de Novo Matters

The TBWD plus Trial de Novo process effectively gives you <strong>two chances</strong> to contest your ticket:

• At the TBWD stage, the officer may not respond, resulting in dismissal.
• If the officer does respond and the judge rules against you, the Trial de Novo hearing requires the officer to appear in person — and officers sometimes do not show up for the in-person hearing due to scheduling conflicts, reassignment, retirement, or other reasons.

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. This extended timeline can work in the driver's favor.

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