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What is a Trial by Written Declaration
Trial by Written Declaration
What is a Trial by Written Declaration(TR-205)?
Vehicle Code Section 40902 allows the defendant (you the cited driver) to contest citations in writing, without having to make a personal appearance in court. A Trial by Written Declaration is available in cases involving infractions of the Vehicle Code or of local ordinances of the Vehicle Code. Violations eligible for a Trial by Written Declaration must be infractions only. Misdemeanors and cases involving accidents are ineligible for a Trial by Written Declaration.
Where do I obtain a TR-205?
A Trial by Written Declaration (TR-205) fillable PDF form can be accessed at http://www.courtinfo.ca.gov/forms/fillable/tr205.pdf.
What does the court require of me to process a TR-205?
You will have to plead not guilty, request the Trial by Written Declaration and pay the bail amount for your citation.
What is the Bail amount?
As required by the court when using a Trial by Written Declaration, you must pay your bail (the fine of your ticket) up-front when processing your paperwork. When you mail your documents include a check payable to Superior Court for your bail amount. If you do not know the bail amount or if you have not received your courtesy notice from the court, call the court to get the bail amount for your citation.
Who do I make the bail check payable to?
Make your bail check payable to Superior Court and mail it to Ticket Busters with your signed engagement letter and Trial by Written Declaration.
How long does it take to get results from the court?
After submitting your completed Trial by Written Declaration to the court, you will be notified by the court at your preferred address within 60-90 days from the date of submitting your documents to the court.
What if my ticket is dismissed?
The court will dismiss the violation so the point(s) associated with the violation will not show up on your driving record and the court issues you a full refund of your bail amount.
What if I’m found guilty or unsatisfied with the court’s decision?
The court will allow you to have a new trial, also known as a Trial De Novo. As required by the court, you must submit a written request for a new Trial; form TR-220, within 20 calendar days of the court’s decision.
What is a Trial De Novo (TR-220)?
Trial De Novo means “all things are new” (Judge, Venue and Evidence) and is in court, in person.
Where do I obtain a TR-220 form?
A Trial De Novo (TR-220) fillable PDF form can be accessed at http://www.courtinfo.ca.gov/forms/fillable/tr220.pdf
If the court accepts my TR-220, will I have to go to court?
Yes, a Trial De Novo is always in person, in court. (If indeed you have a new trial).
Do I need legal representation in court for a TR-220?
Once you process the request with the court for a new trial on your own behalf, you will have to make the personal appearance in court yourself. Law firms are available for legal representation in court, but are not mandatory. We are strictly a professional filing agency and not a law firm, so we do not offer representation for you in court.
If I’m found guilty in court will I still qualify for traffic school?
As long as you have not been to traffic school in the last 18 months and the court honors traffic school for the type of violation you committed, you should get traffic school upon requesting it from the judge. See CVC section 4200, People vs. Wozniak.
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