Trial By Written Declaration Has Major Advantages
By a long shot…
Advantages Over In-Person Trials
As we all know, it is possible for even the most cautious drivers in California to get a traffic infraction.
A momentary failure in thought or judgment could result in a minor violation with significant repercussions. In such situations, a trial by written declaration can be the best option, or if you can’t afford an attorney, a trial by written declaration may be the best option for you. Some of those primary advantages are discussed in the following guide!
What is a Trial By Written Declaration?
A trial by written declaration is a procedure in which, as an alternative to physically appearing in court for a trial on your citation, you either mail or bring in a written statement on a trial by written declaration in which you explain the facts of your case and why the court should rule in your favor. A trial by written declaration can take place in lieu of your physically appearing in court for a trial on your citation.
Facing a Traffic Infraction? Choose a Trial By Written Declaration
When facing a traffic infraction, a trial by declaration can be used for expediency or as a trial strategy, but anyone considering it should think carefully about whether or not they want a conviction and a point on their record, even if only for a short period of time. A trial by declaration was developed to give California drivers who are unable to physically attend court a chance to have their voices heard through correspondence with a judge.
Know Your Rights Under The Law
The best way to deal with a traffic citation is to be well-versed in your rights as a driver. You can file a letter with the court indicating your not-guilty status and then fight the alleged violation through a trial by declaration, which takes place solely over the mail.
Advantages of a Trial By Written Declaration
There are a few benefits to choosing a trial by written declaration over a traditional courtroom trial. These benefits of trial by written declaration are addressed below:
It’s More Effective Than a Trial in Person
If you don’t appear in court with your lawyer, they won’t be able to make factual or witness-based legal arguments on your behalf, which makes it more effective than a trial in person.
Trial By Written Declaration Has a Higher Success Rate
You have a much better chance of winning a trial by written declaration since all evidence and testimony can be submitted in writing without the defendant’s actual attendance. The success rate goes up immediately.
You Save Money On Legal Fees
Without having to show up in court, you’ll also save a ton on legal representation costs.
Officers Don’t Get Incentives To Do Paperwork
Officers are not rewarded for facilitating trial by declaration. An officer’s disinterest in filling out declaration paperwork can really work to your advantage. The case is dropped and the bail money is returned if the police officer fails to file the required declaration documentation on time.
Trial By Written Declaration Saves You Time
There is a direct financial cost associated with a driver’s court appearance: the time away from work. A driver can save money on legal fees by opting for a trial by written declaration instead of hiring an attorney to represent them in court, and can also save time that could be used in more important matters.
The Judge Is Not Influenced By The Court
The judge in a trial by written declaration can consider the arguments outside of court in private. Juries are sometimes under pressure to set examples in court, making it challenging for them to suspend or lower fines when other defendants are anticipating the same treatment.
You Get a Second Chance With Trial De Novo
The Trial De Novo process allows drivers to request a new trial in order to challenge their tickets.
You Are Eligible For Traffic School
An individual is entitled to and able to enroll in traffic school if it can be established that they have not completed such a program within the previous 18 months. However, commercial drivers who incur a traffic ticket while operating a commercial vehicle are not eligible to attend traffic school.
Common Misconceptions About Trial By Written Declaration
The widespread belief that this procedure is simple, fast, and uncomplicated has been around for some time and it’s unfounded. Some people have the mistaken impression that all they need to do is send a brief statement or letter to the judge and everything would be taken care of. That won’t cut it, though, because there are more formal channels and measures that the defendants should use.
In conclusion, anyone who is facing a traffic offense in the state of California should take the time to familiarize themselves with the state’s laws and restrictions.
Are There Downsides to a Trial By Written Declaration?
- Before the ticket’s due date, the entire bail must be posted. Therefore, if you want to pay the citation through one of the Court’s payment plans or through community service, you cannot select this option.
- If you choose a trial by written declaration, you give up some of your rights under the Constitution. There is no way for a defendant to gain an advantage in court by confronting the officer or asking pertinent questions if the trial is conducted via mail.
- If the judge finds the defendant guilty, the case will be reported to the DMV and the driver will receive points on their license. A new-fresh trial and a possible change in the verdict may be possible, but the procedure may take months. During this time, the citation will appear as a conviction on your court record, and points will be added to your DMV driving record, which could lead to an increase in your insurance premiums.
When Is Trial By Written Declaration NOT an Option?
A trial by written declaration cannot be used to contest an infraction that is related to the consumption of alcohol or drugs. There will also be instances in which defendants’ tickets will expressly specify that they are required to personally appear in court.
Furthermore, a written declaration cannot be made for any ticket after the due date has passed because it is no longer valid.
Trial By Written Declaration FAQ
1. Do I have to appear in court for a trial by written declaration?
A trial by written declaration is a form of proceeding in which the defendant is not required to make a personal appearance in court. It will save you a great deal of time.
2. Where Do I have to send all my documents?
Unless otherwise instructed by the court, you should send all of your documentation through certified mail to the courthouse mailing address that is printed on your ticket.
3. Can I just drop my documents off at the courthouse?
Yes. You have the option of either dropping them off in the drop box, which should have a time stamp on it, or handing them to a court clerk.
4. What are my options to send my documents?
If you decide to submit your documents, you may do it in one of the following ways:
- Certified mail: When your documents were delivered, you can trace them online if you use certified mail. The court employee who accepts the parcel will sign a Return Receipt that you will get in the mail.
- FedEx: To find out when your documents were delivered, you can trace your item online.
- Standard Postal Delivery: To find out when your documents were delivered, you would need to contact the court rather than be able to trace their delivery.
- USPS: Same as FedEx, you can trace your documents online.
5. Can I have a trial by written declaration if my ticket says “Mandatory Court Appearance”?
You must pay the bond for non-correctable violations, provide proof of correction and pay the fees for any correctable offenses by the due date on the citation if you don’t want to contest your traffic ticket and there isn’t a mandatory court appearance. Any non-correctable offenses will be reported by the court to the Department of Motor Vehicles as convictions (DMV).
6. What tickets can be contested through a trial by written declaration?
In the event of a violation of the Vehicle Code or a local ordinance enforcing the Vehicle Code, a Trial by Written Declaration may be requested. Trial by Written Declaration is only available for traffic infractions committed by drivers who were at least 18 years old at the time of ticket issuance.
7. What tickets cannot be contested through a trial by written declaration?
Ineligible for a Trial by Written Declaration are misdemeanors (such as reckless or no license driving) as well as accidents and DUI instances. Additionally, unpaid tickets or those marked “Failure to Appear” are not valid, and tickets issued by the US District Court, as well as tickets issued by courts outside of California, and parking and administrative tickets are not valid.
8. What happens if I’m found guilty or disagree with the court’s decision?
The court will grant you a fresh trial, also called a Trial De Novo, in which your presence is mandatory. If you disagree with the court’s decision, you have 20 calendar days from the date of the order to file a written request for a new trial using form TR-220.
9. Can I still go to traffic school if I’m found guilty in a trial by written declaration?
There shouldn’t be a problem with that. Get in touch with the court to see if you qualify for traffic school to have the infraction removed from your driving record. The court must provide its approval for traffic school, but if you met the prerequisites before fighting the ticket, you should continue to meet them afterward.
If you’ve been ticketed in California for anything as insignificant as running a red light, you really should think about choosing trial by written declaration. It may turn out to be the greatest option with the best result.
If your case can be presented through a trial by written declaration, it will be more cost-effective and less time-consuming to do so. Still need help dealing with your traffic ticket?
Call our team at Ticket Snipers, and we take care of the heavy lifting.