What Happens After You File a Trial by Written Declaration?

The Review Process

After you file your Trial by Written Declaration with the court, your case enters the review process. The court will also request a written statement from the citing officer. Both your statement and the officer’s statement are then submitted to a judge for review.

The judge reviews both written statements, along with any supporting evidence submitted by either party. The judge evaluates the evidence and applies the relevant traffic laws to determine whether the prosecution has met its burden of proving the violation.

This process takes time because the court must receive the officer’s statement, assign a judge, and then allow the judge to review the materials. Most cases are decided within 30 to 90 days, though processing times can vary by court and workload.

Possible Outcomes

After the judge reviews your case, there are two possible outcomes: not guilty or guilty. The court will mail you a written decision informing you of the result.

• Not guilty: The citation is dismissed and your bail deposit is refunded in full.
• Guilty: The citation stands and your bail deposit is applied toward the fine.

In some cases, if the citing officer does not submit a written statement by the court’s deadline, the judge may dismiss the case due to insufficient evidence from the prosecution. This is one of the potential advantages of the TBWD process.

If the Judge Rules in Your Favor

If the judge finds you not guilty, the citation is dismissed. This means no fine is owed, no points are added to your DMV driving record, and your bail deposit is refunded in full.

Refund processing times vary by court but generally take several weeks after the decision is mailed. The refund is typically sent by check to the address on file. If you paid by credit card through the court’s online system, the refund may be credited back to your card.

A dismissal through Trial by Written Declaration has the same legal effect as a dismissal at an in-person trial. The matter is closed and should not appear as a conviction on your record.

If the Judge Rules Against You

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.

A guilty finding means the violation will be reported to the DMV, and any applicable points will be added to your driving record. This can affect your insurance rates and, if you have accumulated other points, could trigger a negligent operator hearing.

A guilty finding on a Trial by Written Declaration is not always the end of the road. In most courts you can ask for a Trial de Novo. Courts that offer online trial by written declaration through MyCitations do not allow one; there, you can appeal instead.

Trial de Novo Explained

A Trial de Novo is a completely new trial. Vehicle Code 40902(d) gives most drivers found guilty through a Trial by Written Declaration the right to one; the request (form TR-220) is due within 20 calendar days after the court mails its decision. Government Code 68645.4 makes an exception: courts that offer online trial by written declaration through MyCitations do not allow a Trial de Novo, even for declarations filed by mail or in person. In those courts, you can appeal instead.

The Trial de Novo is an in-person hearing where you appear in court and present your case. The citing officer may also be required to appear. The original written declaration and the officer’s written statement are not considered in the new trial. It is a fresh start.

1. Receive the guilty decision from the court by mail.
2. If your court allows it, file a request for Trial de Novo (form TR-220) within 20 calendar days after the court mails its decision.
3. Receive a new court date for your in-person hearing.
4. Appear in court on the scheduled date and present your case.
5. The judge issues a decision at the hearing or by mail.

Where it is available, the Trial de Novo means you effectively get two chances to have your case heard. If the written declaration is unsuccessful, the in-person trial gives you another opportunity to present your side. Before you file, check whether your court offers online trial by declaration through MyCitations, because in those courts there is no Trial de Novo.

Learn about the Trial by Written Declaration process. Filing a Trial by Written Declaration From the Start →

Compare TBWD with in-person court appearances. TBWD vs. Court Appearance →