What Happens If You Lose Your Trial by Written Declaration

You Received a Guilty Verdict. Now What?

If the judge finds you guilty after reviewing your Trial by Written Declaration, the court will send you a written notice of the decision. You have the same conviction and the same DMV points as if you had paid. The judge can set a fine higher or lower than the bail. In most courts you deposited the bail when you filed, and it is applied to the fine: if the fine is lower, the court refunds the difference; if it is higher, you owe the balance. Courts that offer online trial by declaration through MyCitations generally cannot require bail in advance (Government Code 68645.4), so there you pay the fine the judge sets.

But this is not the end of your options.

Option 1: Request a De Novo Trial (Most Courts)

In most courts, California Vehicle Code 40902(d) lets you request a new trial in person, called a De Novo trial, after you lose your Trial by Written Declaration. This gives you a fresh start in front of a judge, as if the written declaration never happened. Courts that offer online trial by written declaration through MyCitations are different: under Government Code 68645.4 there is no De Novo trial there, even if you filed by mail or in person, and you can appeal instead.

• Where it is available, you must request the De Novo trial (form TR-220) within 20 calendar days after the court mails its decision (form TR-215). Weekends and holidays count.
• The De Novo trial is a live court hearing. You appear in person, present your argument, and cross-examine the officer if they appear.
• If the officer does not appear at the De Novo trial, the case may be dismissed, but that is the judge's decision and no result is guaranteed.
• A trial de novo is a new trial, and no law or court rule caps the fine at the amount in the written decision; the judge decides the penalty again. Your bail from the TBWD remains on deposit and is applied toward the fine if you lose the De Novo trial as well.

Option 2: Request a Fine Reduction

If you choose not to pursue a De Novo trial or lose that as well, you can ask the court for an ability-to-pay determination. The court must consider your ability to pay if you ask (Vehicle Code 42003 and California Rules of Court, rule 4.335), including while the fine is still unpaid. Courts look at more than income, such as whether you receive public benefits, and depending on what your court offers, it can allow a payment plan or community service, or suspend part or all of the fine.

Learn about California ability to pay options California Ability to Pay Guide →

Option 3: Set Up a Payment Plan

California courts can let you pay your fine in installments (Vehicle Code 42003). Contact the court, or use MyCitations, which every California court offers for ability-to-pay requests, to request a payment plan. Failing to pay on time can add a civil assessment of up to $100 (Penal Code 1214.1), so set up a plan before the due date.

What About the DMV Point?

If the violation carries a DMV point, a guilty verdict from a TBWD adds that point to your driving record, just as if you had paid the fine originally. Under Vehicle Code 1808, the DMV can disclose a one-point conviction for three years from the violation date (seven years for two-point violations), and the point can affect your insurance rates.

Going to trial does not make you ineligible for traffic school, but after a guilty finding it is up to the judge. If the judge allows it, completing an approved course can mask the point from insurance reporting.

Looking Back at Your TBWD

Contesting is not risk-free: besides your time, it can cost a document preparation fee, and after a guilty finding the judge can set a fine higher or lower than the bail. You had the chance to tell your side in writing. In most courts you still have De Novo trial rights (courts that offer online trial by declaration through MyCitations do not allow a De Novo trial). And if your financial situation has changed, ability to pay options remain available.

Two things can close the door to a live hearing: missing the 20-day De Novo deadline after losing, or filing in a court that offers online trial by declaration through MyCitations, where there is no De Novo trial at all. That is why checking your court’s rules and reading your verdict notice carefully matters.

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