If you are charged
with an infraction violation and you want to dispute your ticket, you
may request a trial by written declaration. Most tickets are written
for infraction violations. If your ticket is not for an infraction and
you are not eligible for a trial by written declaration, the court will
notify you of this when a request for a trial by written declaration
is received. This informal method of trial can benefit persons who have
difficulty taking time off from work or for persons who have transportation
problems or live a long distance away.
If you elect this option,
you must submit your request for a trial by written declaration on or before
the appearance date shown on your ticket. Your case will be decided without
requiring that you appear in court. Instructions
(TR-200) for the Trial by Written Declaration are located here. The Request
for Trial by written Declaration (TR-205) forms must be used to request
a trial by written declaration.
The Instructions and the Trial By Written Declaration forms
are provided as Adobe Acrobat documents (PDF) that you can
print on any computer for which an Adobe Acrobat Reader is
available. If you cannot print the forms from the web, you
can get them from the traffic department at the court either
by writing and requesting the form or by coming down to the
court..
All forms must be
filled out completely and signed. You must send in the full amount
owed on your ticket with the request for trial by written declaration.The request for a trial by written declaration, your statement and
the amount owed must be sent to the branch of the court that is written
on your ticket.
If you have any
witnesses, you may mail in their declaration(s) by mail. You may also
include a sketch or photograph as an exhibit. The court will request
a written declaration from the police officer who issued your ticket.
Your statement along with any statement you submit from a witness or
any sketch or photograph, and the statement from the police officer
will be referred to a judge or commissioner.
You will be notified
by mail of the judge's or commissioner's decision.If you are
found not guilty, your money will be refunded to you by mail.
If you are found guilty, the court will impose a sentence. If
the sentence is for a fine, the fine amount will be taken from the money
you paid. If the fine is less than the amount of money
you paid, the balance will be refunded to you. If the fine is more
than the amount you paid, you will be notified of the additional amount
of money you must pay the date by which you must pay.
If you are not satisfied with the court's decision, you may ask for a new trial ("trial de novo"). In order to obtain a new trial, you must file the Request for New Trial (Trial de Novo) (form TR-220) within 20 days after the date the court's decision was mailed to you.
