Trial by Written Declaration
Vehicle Code section 40902 allows a defendant to contest citations in
writing, without having to make a personal court appearance. This
procedure is called a "trial by declaration." Trials by
written declaration are available in cases involving infraction
violations of the Vehicle Code or of local ordinances adopted under the
Vehicle Code.
The following must be met in order to qualify for a Trial by Written
Declaration:
- Full bail must be paid.
- Violation(s) must be vehicle code infractions only.
- No accident involved.
- No failure to appear or failure to pay fine on the case.
Instructions and forms for a Trial by Written Declaration may be
obtained by contacting the court through the mail, in person, or by
selecting the following link:
Written
TBD Instructions and Forms.
Submit the Trial by Written Declaration forms
along with
the full bail and any
facts or evidence you wish to have considered. A written statement
will be requested from the citing agency. A judicial officer
will review your case, and you will be notified by mail of the decision.
Court Trial
The examination of facts and law will be presided by a judge
(or other magistrate such as a commissioner or judge pro tem). The
officer(s) will be subpoenaed to present any factual evidence. At
this time, you must also be prepared to produce all evidence, documents,
or witnesses to support your case.
A court trial can be requested at your arraignment or you can request
a court trial without appearing for arraignment. The following
requirement must be met to qualify for a court trial without appearing
for arraignment:
- Full bail must be paid.
- Violation(s) must be infractions only.
- No prior failure to appear on the case.
- Enter a "not guilty" plea in writing.
Contesting a Judicial Decision
A motion can be filed to request to change a sentence, plea, or
finding within 180 days of conviction.
An
appeal can be filed within 30 days only after being found guilty in a court
trial. New evidence is not accepted on appeal. The appellate
court's decision deals with the evidence offered and decisions made at
the time of the trial.
|
