What Happens After You File a Trial by Written Declaration?

The CVC 40902 Review Process

After you file your Trial by Written Declaration under CVC 40902 (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

If the judge finds you guilty, your bail deposit is applied toward the fine. Since you already posted bail equal to the fine amount, you generally do not owe any additional money for the fine itself.

However, 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.

The good news is that a guilty finding on a Trial by Written Declaration is not the end of the road. You have an important right: the ability to request a Trial de Novo.

Trial de Novo Explained

A Trial de Novo is a completely new trial before a different judge. Under California law, if you are found guilty through a Trial by Written Declaration, you have the right to request a Trial de Novo within 20 days of the court’s decision.

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. File a request for Trial de Novo within 20 days of the decision date.
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.

The Trial de Novo is one of the most valuable features of the TBWD process. It 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 defense.

Learn about the Trial by Written Declaration process. What Is Trial by Written Declaration? →

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