What is a VC 40902?

According to the California Vehicle Code 40902, under section 17, DMV states:

(a) (1) The court , pursuant to this section, shall, by rule, provide that the defendant may elect to have a trial by written declaration [TR-205] upon any alleged infraction, as charged by the citing officer, involving a violation of this code or any local ordinance adopted pursuant to this code, other than an infraction cited pursuant to Article 2 (commencing with Section 23152) of Chapter 12 of Division 11.

(2) The Judicial Council may adopt rules and forms governing trials by declaration in accordance with this section. Any rule or form adopted by the Judicial Council pursuant to this paragraph shall supersede any local rule of a court adopted pursuant to paragraph (1).

(b) If the defendant elects to have a trial by written declaration, the defendant shall, at the time of submitting that declaration, submit bail in the amount established in the uniform traffic penalty schedule pursuant to Section 40310. If the defendant is found not guilty or if the charges are otherwise dismissed, the amount of the bail shall be promptly refunded to the defendant.

(c) Notwithstanding Division 10 (commencing with Section 1200) of the Evidence Code, the rules governing trials by written declaration may provide for testimony and other relevant evidence to be introduced in the form of a notice to appear issued pursuant to Section 40500, a business record or receipt, a sworn declaration of the arresting officer, or a written statement or letter signed by the defendant.

(d) If the defendant is dissatisfied with a decision of the court in a proceeding pursuant to this section, the defendant shall be granted a trial de novo.

What is a TR-205? A TR-205 is the actual name of the form for submission for a Trial by Declaration.  Vehicle Code Section 40902 allows the defendant (you the cited 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.
What violations are eligible for a VC 40902 filing?  Violations eligible for a Trial by Written Declaration must be infractions only. Misdemeanors and cases involving accidents are ineligible for a Trial by Written Declaration.

What is required to process a Trial by Written Declaration? You will have to plead not guilty, requesting the Trial by Written Declaration and pay the bail amount for your citation.  This amount will be completely refunded if your case is dismissed.

For more information on VC 40902, TR-205 and Trial De Novo, visit http://www.Fighttrafficticketsonline.com, a service provided by Ticket Busters of California (TicketBust.com) or call us at 800.850.8038.

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