The Benefits of A Trial By Declaration
When it's best to use the Trial By Declaration Option
What Is A Trial By Declaration?A Trial By Declaration is an option in California for Defendants in Traffic Court Cases to fight their tickets in writing instead of appearing in court.
The defendant submits their arguments and all evidence in writing to the court and then the citing officer has an opportunity to submit their evidence in writing to the court.
Who is eligible for a TBD ?Under CVC 40902, all defendants who have
1. A CVC violation 2. The violation must be an infraction and 3. Must not be a mandatory appearance.
The Benefits of a TBDMany defendants have the misconception that they will take their chances of the officer not showing up to court and then having their case dismissed.
This couldn't be further from the truth.
99/100 the officer WILL show up to court because they are paid overtime to show up.
The Benefit of doing the Trial By Declaration is that it's more likely the officer won't respond to the TBD than show up to court . Most of the time, the officer won't bother filling out the TBD paperwork.
The officer has 25 days to respond to the TBD , and if thehey dont, the case is dismissed.
The downside to a TBD is the full bail amount is required upfront.
Most don't have the funds .
If at all possible and if you are eligible , I would always recommend choosing the TBD method over appearing in court.