Want to contest without going to court? Use a written declaration.
VC 40902 lets you contest any Vehicle Code infraction in writing. You submit the court's request form with your statement and the bail amount. If the decision goes against you, you are entitled to a new in-person trial.
Step by step
Table: Step by step
| Step | What to do |
|---|---|
| 1 | Find the due date and the court on your notice. |
| 2 | Get the court's Request for Trial by Written Declaration form from your court. |
| 3 | Write your statement of what happened. |
| 4 | Submit the form and your statement with the bail amount. |
| 5 | Wait for the court's Decision and Notice. |
| 6 | If you disagree, request a new trial on form TR-220. |
Your notice states the deadline for requesting a written declaration. Do not wait for the last day.
Who can use it?
Vehicle Code 40902(a)(1) says a defendant may elect to have a trial by written declaration upon any alleged infraction. That covers speeding under CVC 22350 and CVC 22349, and red light tickets.
Bail comes first
Under 40902(b), you submit bail with the declaration. The amount is the one in the uniform traffic penalty schedule.
Estimate the amount with the ticket cost estimator.
The forms
Table: The forms
| Form | Use |
|---|---|
| Request for Trial by Written Declaration | Ask to contest in writing |
| Decision and Notice | The court's decision |
| Request for New Trial, form TR-220 (trial de novo) | Ask for a new trial |
Get the current forms, and their form numbers, from your own court, because forms can change.
If you lose: trial de novo
Under 40902(d), a defendant who is dissatisfied with the decision is entitled to a trial de novo. County court pages say to request it on TR-220 within 20 calendar days of the mailing of the decision. Check the date printed on your notice.
Write a clear statement
Keep your statement neutral and factual:
- State the date, time and place.
- Describe what you saw and did, in order.
- Number your paragraphs.
- Leave out opinions about the officer.
- Ask the court what evidence it accepts with the declaration.
Where to find more
Different courts handle written declarations through their own pages. Start from the courts page for contacts, or compare your routes in traffic school vs. contest.
Frequently asked questions
Is a written declaration the same as a court trial?
No. Under Vehicle Code 40902 you contest in writing instead of appearing, and the court decides on the papers. If you are dissatisfied with the decision, you are entitled to a trial de novo, which is a new trial. Ask your court how it handles both stages.
Do I get my bail back if I win?
Section 40902(b) says you submit bail with the declaration, in the amount in the uniform traffic penalty schedule. If you are found not guilty or the case is dismissed, the statute says the bail is promptly refunded. Your decision notice explains the details for your case, so read it before you send money.
What is a trial de novo?
A trial de novo is a new trial. Under Vehicle Code 40902(d), a defendant who is dissatisfied with the court's decision on a written declaration is entitled to one. The court's county pages name the request form TR-220 and give a window of 20 calendar days.
Can I use it for a red light camera ticket?
Section 40902 covers any alleged infraction, so ask whether your camera notice qualifies. The notice and the court's instructions control. Review the photographic evidence first, because the owner has a right to see it. Then ask the court how to elect a written declaration.
Last reviewed · Reviewed by the californiaticketlawyerhelp editorial team