Website design By BotEap.comA trial by declaration is an alternative to a court 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 set out on the reverse side of traffic citations. Unfortunately, this method has not yet been adopted across the country. Although the method is mentioned on the back of the quotation, no instructions are provided.

Website design By BotEap.comAnyone 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 find out for themselves what information is required. If you can complete these two steps on your own, send the forms to the court with your signature at the bottom.

Website design By BotEap.comYour written statement will include your testimony and objections to anything the officer may send to the court, if the officer bothers to do this. You can also add images, maps, etc. to support your case.

Website design By BotEap.comWhat happens next?

Website design By BotEap.comIf 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 court fees or costs.

Website design By BotEap.comIf the officer writes a statement before the due date, you will have already included the necessary objections that will allow the judge to ignore the officer’s statement. The judge will decide on your case.

Website design By BotEap.comYou will be informed by mail of the verdict. You will receive a “Trial by Trial by Declaration”. If he is found not guilty, the charge is dismissed.

Website design By BotEap.comIf you are found guilty, you can be fined, but the judge can 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 overturn your conviction and no point of violation will be reported to DMV.

Website design By BotEap.comWhat happens if I lose my test by declaration?

Website design By BotEap.comIf the judge finds you guilty after reading your statement, you automatically have the right to a new trial. This “Trial de Novo” will be an in-person trial in which the judge will hear the evidence and testimony from you and the officer who summoned you, as if making a trial in the first place, except that months have passed to give your time. official to forget. To request a trial, simply send a “De novo Trial Request” to the court postmarked 20 days after your guilty verdict was mailed to you. This form is available through a link on these websites or can be requested from the court.

Website design By BotEap.comIf 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 your summons, the officer may no longer remember the important facts of your case, leading to a dismissal. If the new judge at your second trial accepts your argument, that judge can dismiss the case or find you not guilty. Even if you are found guilty at your second trial, the judge can still lower your bond and assign you to traffic school.