What Happens If Your Trial by Written Declaration Is Denied

Not every Trial by Written Declaration results in a dismissal. If the court rules against you, here is exactly what happens next, what your options are, and what deadlines you need to know.

Your bail deposit is applied to your fine

When the court denies your written declaration, the bail you deposited when you filed is applied directly to your fine. You do not owe anything additional. There are no extra penalties, no added fees, and no separate payment due.

This is the same financial outcome as if you had simply paid the ticket on the original due date. The difference is that you gave yourself a chance at dismissal with zero additional downside.

Your driving record

If the court finds you guilty, the violation and any associated DMV points are added to your driving record at that point. This is also the same outcome as paying the ticket outright. You are not penalized more harshly for having contested the citation.

You have the right to request a new trial

California Vehicle Code Section 40902(d) gives every defendant who is found guilty through a Trial by Written Declaration the right to request a Trial de Novo. This is a completely new trial.

• A Trial de Novo is not an appeal. It is a brand new trial as if the written declaration never happened.
• A different judge hears your case from the beginning.
• The result of your written declaration is not considered.
• You can present new evidence and new testimony.
• The officer who issued your citation is required to appear in person.

The 20-day deadline

To request a Trial de Novo, you file California Judicial Council Form TR-220 (Request for New Trial, Trial de Novo) with the court that handled your written declaration. The form asks for your name, case number, and citation details. Some courts accept this form by mail. Others require it to be filed in person or online through the MyCitations portal.

Check your court’s specific instructions before filing. Court contact information and filing requirements vary by county.

What happens at a Trial de Novo

A Trial de Novo is an in-person court appearance. You appear before a judge, present your case orally, and the citing officer is also expected to appear. If the officer does not appear, the case is typically dismissed.

Because this is an in-person proceeding, you may want to consult with a licensed California traffic attorney. An attorney can advise you on courtroom procedure, help you prepare your testimony, and represent you before the judge. TicketClear is a document preparation service and does not provide legal advice or courtroom representation.

Should you request a Trial de Novo?

This is a personal decision that depends on your circumstances. Some factors people commonly consider:

• The amount of the fine and whether it justifies the time involved in a court appearance.
• Whether you have new evidence or information that was not included in your written declaration.
• Whether the officer is likely to appear. Officers who did not submit a written response to your declaration may also not appear for the in-person trial.
• Your comfort level with presenting your case in front of a judge.

Key deadlines and forms

• Filing deadline: 20 calendar days from the date on the court’s decision letter
• Form required: TR-220 (Request for New Trial, Trial de Novo)
• Where to file: The same court that handled your Trial by Written Declaration

The bottom line

Losing a Trial by Written Declaration does not leave you worse off than paying the ticket. Your bail covers the fine, and you retain the right to a new trial within 20 days. Many California drivers are not aware this option exists, which is why understanding the full process before you file your declaration matters.