FreeArticlesArchive

Have you been issued a traffic ticket, other wise known as a moving violation in the State of California? Did you know that you can avoid having to go to court for a trial and instead have a written trial? The procedure is known as a Trial by Written Declaration and California is the only State that allows it. Vehicle Code Section 40902 which pertains to a Trial by Written Declaration allows a defendant (you the driver) to contest citations in writing, without having to make a personal appearance in court. A Trial by Written Declaration is available in cases involving infractions of the Vehicle Code or of local ordinances of the Vehicle Code. Violations eligible for a Trial by Written Declaration must be infractions only. Misdemeanors, mandatory court appearances and cases involving accidents make you ineligible for a Trial by Written Declaration.

It is a requirement of the court that you must pay your bail up front when you process your paperwork. From there you will get your results within 60-90 days. If at that point you are found not guilty or the court dismisses your case, you will get your bail money back and the point will come off the record.

If you are found guilty or otherwise unsatisfied with the courts decision, you can exercise your right to a Trial De Novo. The "Trial De Novo" is a complete new trial which is in court, in person. At this point the officer must be present to testify against you. If the officer fails to appear, the case will be dismissed on the basis of a lack of competent evidence and the point will no longer be on your record.

What about traffic school if you lose your trial by declaration? According to Vehicle Code section 42005 and pertaining to People vs. Wozniak, you can still have the option to attend traffic school even after you have been found guilty of the alleged violation.

How can I process the Trial by Written Declaration? If you are looking to process a Trial by Written Declaration and you would like professional assistance, refer to www.ticketbust.com.