Does Trial by Written Declaration work for misdemeanors?

No. TBWD is only available for traffic infractions under California Vehicle Code §40902. Misdemeanor charges such as reckless driving or DUI require a different process and typically involve mandatory court appearances.

What if I lose — can I still go to court?

Yes. If found guilty after TBWD, you have 20 calendar days from the mailed decision to request a Trial de Novo — a fresh in-person trial. The TBWD verdict is set aside and you start over. Filing TBWD first costs you nothing in terms of future options.

Do I have to pay the fine before I can request TBWD?

Yes. Most courts require you to pay the full bail amount upfront as a deposit. If you win, the full amount is refunded. If you cannot pay upfront, some courts accept a fee waiver application (form FW-001).

How long does the TBWD process take?

Typically 6 to 12 weeks from submission to decision, depending on the county court's workload.

What form do I use to submit my written declaration?

Each court has its own process. After your TBWD request is accepted, the court typically mails a packet with its own declaration form. Some courts accept a plain written statement. TDismiss prepares your declaration in the format required by your court and delivers a court-ready packet.

How often do officers not respond to a Trial by Written Declaration?

There is no statewide published rate, but officer non-response is a known and common outcome — particularly for lower-priority infractions. When officers do not respond by the court deadline, the law requires automatic dismissal of the ticket.

Does TBWD affect my insurance or DMV record while pending?

No. While TBWD is pending, no conviction has been entered. No points are reported to the DMV and insurance is unaffected. Points only apply if a guilty verdict is final with no further appeal.

California Traffic Ticket Defense

Trial by Written Declaration
Fight Your Ticket in Writing

California law lets you contest any traffic infraction entirely in writing — no court appearance, no time off work. Officers frequently don't respond, and the ticket gets dismissed automatically.

No court appearance 100% written process Officer no-show = auto dismissal

Overview

What Is Trial by Written Declaration?

A legal right under California law — not a loophole.

Trial by Written Declaration (TBWD) is a formal court procedure authorized by California Vehicle Code §40902. Instead of appearing before a judge in person, you submit a written statement explaining why the citation should be dismissed or reduced. The citing officer submits their own written account. A judge reviews both and issues a decision — entirely on paper.

If the officer fails to submit a response, the court must find in your favor and dismiss the ticket. This happens more often than most people expect.

If the judge finds you guilty after TBWD, you still have the right to request a Trial de Novo — a fresh in-person trial — within 20 calendar days. You lose nothing by trying the written process first.

Legal basis: California Vehicle Code §40902 — "Trial by Written Declaration." Available statewide for all traffic infractions.

Process

How Trial by Written Declaration Works

From citation to decision — no courtroom required.

1

Request TBWD Before Your Court Date

Contact your court (by mail, in person, or online depending on the county) and request a Trial by Written Declaration before your arraignment deadline. You must pay the full bail amount upfront as a deposit — this is refunded if you win.
Request it before your appearance date; the court then sets a written declaration due date
2

Submit Your Written Defense

Write your declaration explaining the circumstances of the citation clearly and factually. After your TBWD request is accepted, the court typically provides its own declaration form in the packet — some courts accept plain paper. Include any supporting documentation (photos, diagrams, witness statements) if relevant.
Mail to the court by certified mail or deliver in person
3

Officer Submits Their Response

The court notifies the citing officer, who must submit their own written account. If the officer does not respond by the deadline, the court is required to dismiss the ticket — your bail is refunded and the violation is removed from your record.
4

Judge Reviews and Issues a Decision

If the officer does respond, a judge reads both written submissions and issues a ruling — typically within 6–12 weeks. The judge may dismiss the ticket, reduce the fine, or uphold the citation.
5

Not Satisfied? Request a Trial de Novo

If found guilty, you can request an in-person Trial de Novo within 20 calendar days of the decision. Your TBWD doesn't count against you — you start fresh. No downside to trying the written process first.
Trial de Novo request: file within 20 calendar days of mailed decision

Success Factors

Why TBWD Often Succeeds

The written process structurally favors the defendant.

📬

Officers Frequently Don't Respond

Traffic officers handle hundreds of citations. Many don't submit a written response by the court's deadline — resulting in automatic dismissal.

📝

No Cross-Examination

In a written process, the officer cannot elaborate or clarify in real time. Their case is limited to what's already in their notes and report.

⚖️

You Control Your Narrative

You have time to organize, review, and present your side clearly — something impossible under courtroom pressure.

🔄

Nothing to Lose

If TBWD doesn't succeed, you can still request a Trial de Novo. No additional points, no waived rights — you keep all options open.

Eligibility

Who Can Use Trial by Written Declaration

TBWD is available for most standard traffic tickets in California.

Eligible ticket types include:

Speeding (CVC 22349, 22350, 22356)
Running a red light or stop sign (CVC 21453, 22450)
Cell phone / texting while driving (CVC 23123, 23123.5)
Unsafe lane change, failure to yield, improper turn
Registration, equipment, and fix-it violations
HOV lane, seat belt, and most other infraction-level citations

✕ Not available for misdemeanors (reckless driving, DUI, hit-and-run) or if you already appeared in court and entered a plea.

Your Options

Filing TBWD Yourself vs. Using TDismiss

The process is public — TDismiss handles the work so you don't have to.

Task	Do It Yourself	TDismiss ($89 flat)
Research your specific violation	You research	Included
Write your written declaration	You write it	We prepare
Structure legal arguments	You decide	We structure
Court-ready submission packet	You assemble	Ready to mail
Mailing instructions	You find out	Included
Cost	$0 (your time)	$89 flat fee
Refund if not reduced/dismissed	N/A	Eligible per refund policy

FAQ

Common Questions

Everything you need to know before you file.

No. TBWD is only available for traffic infractions under California Vehicle Code §40902. Misdemeanor charges — such as reckless driving (CVC 23103) or DUI — require a different process and typically involve mandatory court appearances. If you're unsure whether your citation is an infraction or misdemeanor, check the section of law listed on your ticket.
Yes. If the judge finds you guilty after a Trial by Written Declaration, you have 20 calendar days from the date the decision is mailed to request a Trial de Novo — a completely fresh in-person trial before a different judge. The TBWD verdict is set aside and you start over. Filing TBWD first costs you nothing in terms of future options.
Yes. Most courts require you to pay the full bail amount (the total fine including all assessments) upfront as a deposit before they will process your TBWD request. If you win — whether through dismissal or officer no-show — the full amount is refunded. If you're unable to pay upfront, some courts accept a fee waiver application (form FW-001).
Typically 6–12 weeks from the date you submit your declaration to when the court mails its decision. Processing time varies by county and current court workload. During this period, your driving record is unaffected — the original citation is in "pending" status.
Each court has its own process. After your TBWD request is accepted, the court typically mails you a packet that includes its own declaration form to complete. Some courts accept a plain written statement. TDismiss prepares your declaration in the format required by your court and delivers a court-ready packet.
There is no statewide published rate, but officer non-response is a known and common outcome — particularly for lower-priority infractions like equipment violations, minor speeding, and cell phone tickets. Officers handle a high volume of citations and are not always able to prepare and submit written responses on time. When they don't, the law requires automatic dismissal.
No. While your TBWD is pending, the citation has not resulted in a conviction. No points are reported to the DMV, and your insurance is not affected. Points and insurance impact only occur if the court issues a guilty verdict and no further appeal is filed.