Trial By Declaration Procedures

California Vehicle Code §40902 allows a person charged with a nonalcohol-related infraction, to “appear” in front of a judge by written instrument. Basically, you tell your side of the story and the cop tells his. Both documents go in front of a judge and the judge decides whether you are guilty or not.

Trial By Declaration Laws

The relevant code sections are:

  • CVC 40519(b): this is the section that governs the written “Not Guilty” plea
  • CVC 40902: this section governs the trial by written declaration
  • CVC 40902(d): if you are unhappy with the trial by written declaration, you can request a new live trial (request for de novo trial) within 20 days of being mailed your guilty verdict

Basic Timeline

  • At least 20 days before your scheduled appearance date, you need to submit a not guilty plea, a trial by written declaration and a check for the bail amount. We recommend that you submit these documents by certified mail, return receipt requested.
  • If you are found guilty and want to proceed with a live trial, you must demand a trial de novo within 20 days of receiving your guilty judgment.

Advantages of Trial By Declaration

  • You don’t have to appear in court.
  • An unfavorable verdict (ie found guilty) allows the defendant to request a second trial (ie live trial).

Disadvantages of Trial By Declaration

  • Process is lengthy.
  • You are required to post the bail amount (fine amount) at the time of filing the trial by written declaration.
  • Cops routinely file their declaration by checking a few boxes and signing their name.

Trial by Written Declaration

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