1055 West 7th Street
Los Angeles, California 90017
Phone: (310) 779-7226
CALIFORNIA COURT BY WRITTEN DECLARATION:
What is a trial by written declaration?
Vehicle Code section 40902 allows a defendant to challenge traffic infraction citations in writing, without having to appear in person at court. This procedure is called a "Trial by Written Declaration." Trials by Witten Declaration are available in cases involving infraction violations of the Vehicle Code or of local ordinances adopted under the Vehicle Code.
Are you eligible to request a trial by written declaration?
If you have been charged with a traffic infraction or a violation of a local ordinance adopted under the Vehicle Code, you can request a Trial by Written Declaration unless you were issued a ticket for an offense involving alcohol or drugs or the violation requires a mandatory appearance in court.
Additional eligibility requirements include:
You were issued a ticket for infraction violations only;
The due date to take care of your ticket has not passed; and
Your ticket or courtesy notice does not say that you must appear in court.
How does Trial by Written Declaration Work?
Start by writing us an email detailing all the events that led up to the Traffic Ticket. Remember, the more you remember and the more information you give us, the better chance you have in winning your traffic ticket case (feel free to include any photos, witness statements, videos, insurance adjuster statements, etc.).
Once you email this information to STEVE@STEVEMUEHLER.COM along with a copy of the Traffic Ticket, we take it from there. We will start preparing your documents immediately!! Most importantly, prior to use filing any documents with the court, you will have a chance to review the documents, approve them, and sign them.
Is payment of bail required for a trial by written declaration?
Yes. Vehicle Code section 40902 requires that you deposit bail in order to have a trial by written declaration. Deposit of bail is the choice you make for the convenience of not having to travel and appear in court to resolve your traffic ticket.
What happens in a trial by written declaration?
Choosing to have your trial by written declaration means that instead of going to court to contest your case, you and the officer file statements and any evidence in writing.
Evidence may include:
The "Notice to Appear" ticket;
A business record or receipt;
A sworn declaration of the citing officer;
A written statement or letter signed by the defendant; and/or
Any written statements or letters signed by witnesses.
IMPORTANT: By filing a declaration in a trial by written declaration, you are waiving and giving up the rights to remain silent and not incriminate yourself, and the right to a public and speedy trial. You are also waiving the right to appear in person before a judicial officer, except that you will have a right to a new trial (also called "trial de novo") in court if you disagree with the court’s decision in your trial by written declaration (see further discussion below).
What is the Process:
We complete your court forms.
You will mail the Forms to the Court and Enclose your bail payment. You must include payment of your bail amount (which is the amount shown on your courtesy notice or provided by the clerk) with your Request for Trial by Written Declaration (we provide for you). Use a check or money order. Do not send cash.
Mail the original of your forms to the court clerk by the due date. Mail the signed Request for Trial by Written Declaration, your statement(s), and any evidence to the court clerk.
The police officer will provide a written statement. When the clerk receives your Request for Trial by Written Declaration, the clerk will let the police officer who issued your citation know. The officer will then have the opportunity to submit a declaration about the citation by the due date (it is not out of the ordinary that they do not do this).
The court will make a decision by a specific due date. A judicial officer will review the papers filed by you and the officer, and make a decision on your case. You will get the court’s decision by mail telling you whether you were found guilty or not guilty.
If you are found guilty, the court notice will state the amount of the fine, penalties, and fees and will order that it be paid from your bail deposit. If the amount you owe is more than the bail you paid, the court will give you a deadline to pay the balance. If the amount you owe is less than the bail you paid, the balance will be refunded to you (or to the person who paid the bail if someone else paid it) by mail.
If you are found not guilty, the court will refund the bail money to you (or to the person who paid the bail if someone else paid it) by mail.
If you are not satisfied with the court’s decision, you can ask for a new trial (called a "trial de novo") in court. When you ask for a new trial, you and the other parties will have to personally go to court for that trial. You have 20 days after the court’s decision was mailed to you to ask for a new trial. The court will start over completely in deciding your case based on the testimony and evidence presented at the court trial, and is not limited by the sentence imposed in the trial by written declaration.
Steve Muehler - Paralegal Fee's:
California Traffic Court by Written Declaration - $75.00 USD Flat Fee
To get Started, complete the Appropriate Online Form (same day service available):