A trial by declaration is an alternative to a brief trial. Instead of having oral testimony, the evidence is presented in the form of written statements that are considered by the judge. The option to use a trial by declaration is stated on the back of the traffic citations. Unfortunately, this method has not yet been adopted nationally. Although the method is mentioned on the back of the citation, no instructions are provided.
Anyone can download the necessary forms, if they can figure out for themselves which forms they need. Anyone can fill out the forms, again, if they can figure out for themselves what information is required. If you can complete these two steps on your own, simply send the forms to the court with your signature at the bottom.
Your written statement will include your testimony and objections to anything the officer may send to the court, if the officer bothers to do so. You can also add images, maps, etc. to support your case.
What happens next?
If the officer does not bother to write a statement, your case will be dismissed. You will not earn any points on your license and you will not have to pay any fees or costs to the Court.
If the officer writes a statement before the due date, he or she will have already included the necessary objections that will allow the judge to override the officer’s statement. The judge will decide your case.
You will be informed by mail of the verdict. You will get a “Declaration Judgment Trial”. If you are found not guilty, the charge is dismissed.
If you are found guilty, you may be fined, but the judge may also assign you to complete a DMV-approved traffic school. (Each Declaration already includes an application for traffic school). When you provide proof of completion of traffic school, the court will vacate your conviction and no violation points will be reported to the DMV.
What happens if I lose my Trial by Declaration?
If the judge finds you guilty after reading your statement, you are automatically entitled to a new trial. This “trial de novo” will be an in-person trial in which the judge listens to evidence and testimony from you and the subpoenaing officer, just as if he were going to trial in the first place, except that it has taken months for your officer to have time to forget. To request a trial, simply send a “Request for Trial De Novo” to the court postmarked within 20 days of the mailing of your guilty verdict. This form is available through a link on these websites or can be requested from the court.
If the officer does not appear at the retrial, your case is dismissed. By the time you get to this trial, three to six months after being cited, the officer may no longer remember the important facts of your case, which will lead to a dismissal. If the new judge at your second trial accepts your argument, that judge may dismiss the case or find you not guilty. Even if you are found guilty at your second trial, the judge can still reduce your bail and assign you to traffic school.