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How to contest a speeding ticket in California🌴

Comprehensive guide on how to contest a speeding ticket in California using Form TR-205 for a trial by written declaration. To fill out Form TR-205 for a trial by written declaration in California, follow these detailed instructions:

To fight a speeding ticket in California using a trial by written declaration, you need to fill out Form TR-205. Here are the detailed instructions to help you complete the form and submit your request:

Instructions for Filling Out Form TR-205​

Step 1: Obtain the Form​

You can fill Form TR-205 online or obtain it from the court handling your ticket.

Step 2: Fill Out the Form​

Court Information:​

  • Name of Court: Enter the name of the court handling your ticket.
  • Street Address: Enter the street address of the court.
  • Mailing Address: Enter the mailing address of the court.
  • City and Zip Code: Enter the city and zip code of the court.
  • Branch Name: Enter the branch name of the court if applicable.

Defendant Information:​

  • Name of Defendant: Enter your full name.
  • Citation Number: Enter the citation number from your ticket.
  • Case Number: Enter the case number if available.

Bail Amount:​

  • Bail Amount Required: This will be filled out by the court clerk.
  • Bail Amount Already Deposited by Defendant: Enter the amount you have already deposited, if any.

Due Date:​

  • Due Date for Receipt of This Form and Any Unpaid Bail: This will be specified by the court clerk.

Declaration of Facts:​

  • Statement of Facts: Provide a detailed written account of what happened. Explain all the items of evidence you are submitting and how they support your case. You may attach additional pages if needed.
  • Number of Pages Attached: Indicate the number of pages you are attaching to the form.

Evidence:​

  • List all the evidence you are submitting, such as photographs, diagrams, medical records, car repair receipts, registration documents, insurance documents, inspection certificates, or other relevant documents. For more details, refer to reasons for TR-205 to be rejected.

Signature:​

  • Date: Enter the date you are signing the form.
  • Signature: Sign the form.
  • Type or Print Name: Print your name.

Step 3: Prepare Your Submission​

  • Make Copies: Make extra copies of all your forms and evidence for your records. For more details, see mistakes to avoid when filling the TR-205.
  • Include Bail Payment: Include a check or money order for the bail amount. Do not send cash.

Step 4: Submit Your Request​

  • Mail Your Documents: Send the completed form, evidence, and bail payment to the court by the due date. Use certified mail to ensure proof of delivery.
  • Self-Addressed Stamped Envelope: Include a self-addressed stamped envelope if you are requesting the court to mail you the forms.

Step 5: Await the Court's Decision​

  • Officer's Declaration: The court will notify the officer who issued your ticket to submit their own written statement.
  • Judicial Review: A judge will review both your and the officer's statements along with any evidence submitted.
  • Decision Notification: The court will mail you the decision. If you are found not guilty or if the fine is reduced, the court will refund your bail amount.

Step 6: Request a New Trial if Necessary​

If you are not satisfied with the court's decision, you can request a new trial (trial de novo) within 20 days of the court's decision being mailed to you.

By following these steps, you can effectively submit a trial by written declaration to contest your speeding ticket in California.

Example of a Statement of Facts​

Here is a brief example of how you might structure your statement of facts:

Statement of Facts:

TR-205 Statement of Facts E xample

On [Date], at approximately [Time], I was driving on [Road/Highway Name] near [Landmark/Intersection]. 
The weather conditions were [describe], and the traffic was [light/moderate/heavy]. 
I was aware of the speed limit, which is [Speed Limit] mph in this area. 
However, I was momentarily distracted by [describe incident or situation], 
leading to a brief increase in my speed. 
Attached are photographs showing [describe what the photos show], along with statements from witnesses who can attest to [mention what they are attesting to].

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: [Date]
Signature: [Your Signature]
Name: [Your Printed Name]

Final Steps​

  • Review: Double-check all information for accuracy.

  • Sign and Date: Ensure both the TR-205 form and your statement of facts are signed and dated.

  • Mail: Send the complete package to the court address listed on your citation, ensuring it arrives by the due date.

By following these steps, you can properly fill out and submit Form TR-205 for a trial by written declaration in California.

What is the purpose of the tr-205 form

The purpose of Form TR-205, also known as the Request for Trial by Written Declaration, is to provide a legal mechanism for individuals to contest California traffic violation cases without the need to appear in person in court. This form allows defendants to submit their defense against a traffic citation through written statements and evidence, which the judge will review to make a decision on the case.

Don't miss the deadline!
  • Failing to submit the TR-205 form by the appearance date on the citation or the extended due date can result in a default conviction.
  • Double-check the deadline and submit the form well before the due date.