When is a trial by declaration available?
Trial by written declaration is available for cases involving infraction violations of the California Vehicle Code
What is the process?
After receiving an infraction ticket, you must request a trial by declaration before the due date on your ticket and plead not guilty. Pursuant to California Judicial Council Rule 4.210, a trial by written declaration may be requested in writing before your court date or at your court appearance. If you have filed a written request, then the court clerk must then within 15 calendar days of receiving your request, extend the appearance date 25 days. [CRC 4.210(b)(2).] The court will then mail notice of the extended due date along with a request for trial declaration form (TR–205) and an instruction form (TR–200). A completed request for trial by declaration (with evidence) along with required bail must be received before the due date. After the court receives all the required forms, the court will notify the officer of your request and officer will be given opportunity to submit declaration before a specified due date.
When Will I receive a decision?
Generally, a notice of decision will be mailed within 90 day calendar days after the due date.
What happens if I lose the trial by declaration?
If you disagree with the court’s decision you have the legal right to request a court trial within 20 days after being mailed with the decision.
Are there any consequences of filing a trial by declaration?
Under the Constitution, you have the right to remain silent and not incriminate yourself. This is referred to as the 5th amendment right against self incrimination. By filing a trial by declaration you are waiving the right to remain silent and not incriminate yourself.