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    How Trial by Written Declaration Works in California (2025)

    Daniel CrossWritten by Daniel Cross
    Last updated on August 8, 2025
    How Trial by Written Declaration Works in California (2025) - ClerkHero Traffic Ticket Defense Guide

    Professional guide: How Trial by Written Declaration Works in California (2025)

    If you've received a traffic ticket in California, you have a legal right most people don't know about: Trial by Written Declaration. This process allows you to contest your citation entirely by mail, without ever stepping foot in traffic court.

    This comprehensive guide explains everything you need to know about fighting your California traffic ticket through the mail system.

    What Is Trial by Written Declaration?

    Trial by Written Declaration (TBWD) is a legal process that allows you to contest your traffic ticket through written documentation rather than appearing in court. It's available for most infraction-level traffic violations in California.

    Key Benefits:

    • No court appearance required

    • No time off work needed

    • Officer must provide written response

    • 30-40% automatic dismissal rate when officers don't respond

    • Maintain driving privacy

    The TR-205 Form: Your Key to Fighting by Mail

    Form TR-205, officially called 'Request for Trial by Written Declaration,' is the document that initiates your mail-in contest. This form must be completed accurately and submitted with specific documentation.

    Required Documentation:

    • Completed TR-205 form

    • Copy of your citation

    • Written declaration statement

    • Bail amount (refundable if you win)

    • Evidence supporting your case

    ⚠️ Important: The TR-205 form must be submitted before your court date. Late submissions are automatically rejected.

    Step-by-Step Process

    Step 1: Obtain the TR-205 Form

    Download the form from your court's website or request it by mail. Each court may have slight variations, so use the form specific to your citation's court.

    Step 2: Complete Your Written Declaration

    This is the most critical part of your defense. Your written statement should be factual, professional, and focus on legal defenses rather than emotional appeals.

    Effective Defense Strategies:

    • Challenge radar calibration procedures

    • Question officer training and certification

    • Highlight procedural errors in the citation

    • Present evidence of equipment malfunctions

    • Document environmental factors affecting accuracy

    Step 3: Submit Your Package

    Mail your complete TR-205 package to the court clerk's office using certified mail with return receipt. Keep copies of everything for your records.

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