What Is a Trial by Written Declaration in California?

Overview of Trial by Written Declaration (CVC 40902)

A Trial by Written Declaration (TBWD) is a legal process available in California that allows you to contest a traffic ticket entirely in writing, without appearing in court. Under CVC 40902 (Trial by Written Declaration), instead of taking time off work and spending hours at the courthouse, you submit a written statement explaining your side of the case to a judge, who then reviews the evidence and issues a decision by mail.

The process is authorized by CVC 40902, which gives defendants the right to have their traffic infraction cases decided based on written statements rather than in-person testimony. This makes it one of the most accessible ways to contest a traffic ticket in the state.

Many California drivers are unaware that this option exists. Understanding how TBWD works can help you make an informed decision about how to handle your traffic ticket.

Legal Basis: CVC 40902 (Trial by Written Declaration)

CVC 40902 is the statutory provision that establishes the right to a Trial by Written Declaration for traffic infractions. Under this section, any person who has received a notice to appear for an infraction violation may request to have the matter heard by written declaration.

The law requires the court to allow this process for eligible cases. It also provides that if you are found guilty through a written declaration, you have the right to request a Trial de Novo, which is a new in-person trial before a different judge. This safety net means that you do not give up any rights by choosing the written declaration process first.

Who Is Eligible for Trial by Written Declaration

Trial by Written Declaration is available for most infraction-level traffic violations in California. This includes common citations such as speeding, running a red light or stop sign, unsafe lane changes, and similar moving violations.

The process is not available for misdemeanor traffic offenses, which include more serious violations such as driving under the influence (DUI), reckless driving, hit-and-run, or driving 100 mph or more over the speed limit. If your citation is classified as a misdemeanor, you will need to appear in court.

• Most speeding violations (CVC 22350, CVC 22349)
• Red light and stop sign violations (CVC 21453, CVC 22450)
• Unsafe lane changes (VC 22107)
• Failure to obey traffic signs or signals (VC 21461)
• Cell phone and distracted driving violations (VC 23123)
• Most other infraction-level moving violations

Benefits of Filing a Trial by Written Declaration

There are several advantages to contesting your traffic ticket through a Trial by Written Declaration rather than simply paying the fine or appearing in court.

• No need to take time off work or spend hours at the courthouse.
• You can carefully compose your written statement without the pressure of speaking in a courtroom.
• If you lose, you can still request a Trial de Novo for a new in-person hearing.
• The citing officer must also submit a written statement, and if they fail to do so, the case may be dismissed.
• You present your case on paper, where you can organize your arguments clearly.

Key Requirements

To file a Trial by Written Declaration, you must meet certain requirements. Understanding these upfront will help you prepare for the process and avoid common pitfalls.

1. Your violation must be an infraction, not a misdemeanor.
2. You must request the TBWD before your court deadline (the date on your ticket).
3. You must post bail equal to the full fine amount when you file your declaration.
4. You must complete the TR-205 form (Request for Trial by Written Declaration).
5. You must submit a written statement of facts on the TR-205 or an attached page.

The bail deposit requirement is often the most significant consideration for drivers. You must pay the full fine amount upfront when you file. If the judge rules in your favor, the bail is refunded in full. If the judge rules against you, the bail is applied toward the fine.

Learn how to write an effective Trial by Written Declaration. How to Write a Trial by Written Declaration →

Understand the bail deposit requirement. Bail Deposit Requirement for TBWD →