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Typical mistakes to avoid when filling form TR-205

When filling out and submitting the TR-205 form (Request for Trial by Written Declaration) in California, there are several common mistakes that can negatively impact your case. Here is a detailed and comprehensive list of typical mistakes to avoid:

1. Missing Deadlines​

  • Failure to Submit on Time: One of the most critical mistakes is not submitting the TR-205 form by the due date. The form must be received by the court no later than the appearance date listed on your citation or the extended due date if an extension has been granted.
  • Postmarking Issues: Ensure your documents are postmarked at least 5 days before the due date to avoid any delays in delivery.

2. Incomplete or Incorrect Information​

  • Incorrect Citation or Case Number: Providing the wrong citation number or case number can lead to your submission being misplaced or not processed correctly.
  • Missing Personal Information: Failing to fill out your name, address, and other required personal details can result in the form being rejected.

3. Not Including Bail Payment​

  • Omitting Bail Payment: You must include the full bail amount (the fine for the traffic violation) with your TR-205 form. This is a common requirement and failing to do so can result in your request being denied.
  • Incorrect Payment Method: Ensure you use an acceptable payment method, such as a check or money order, and avoid sending cash.

4. Lack of Evidence​

  • Not Submitting Supporting Evidence: Failing to attach relevant evidence like photographs, diagrams, or witness statements can weaken your case. Make sure all evidence is clearly labeled and referenced in your written statement.
  • Unclear or Unorganized Evidence: Submitting evidence that is not clearly explained or organized can make it difficult for the judge to understand your argument.

5. Improper Mailing​

  • Not Using Trackable Mailing Methods: It is recommended to send your documents via certified or registered mail to have proof of mailing and delivery confirmation. This helps ensure that your submission is received by the court.
  • Incorrect Mailing Address: Double-check the court's address on your citation or courtesy notice to ensure you are sending your documents to the correct location.

6. Failing to Sign and Date​

  • Missing Signature and Date: The TR-205 form must be signed and dated under penalty of perjury. Forgetting to sign and date the form can result in it being invalidated.

7. Not Following Up​

  • Lack of Follow-Up: After submitting the TR-205 form, it is important to follow up with the court if you do not receive a decision notice within the expected timeframe (usually 30-90 days). Contact the court directly to check the status of your case.

8. Misunderstanding the Process​

  • Incorrect Plea Entry: If you go to court for an arraignment and want to request a trial by written declaration, make sure to request it when entering your not guilty plea. Failing to do so can result in being scheduled for an in-person trial instead.
  • Not Requesting a Trial De Novo: If you are dissatisfied with the decision from the trial by written declaration, you have the right to request a trial de novo (a new trial). This request must be made within 20 days of the decision notice.

9. Inadequate Statement of Facts​

  • Vague or Incomplete Statements: Your statement of facts should be detailed, clear, and concise. Avoid vague descriptions and ensure you provide a thorough explanation of the incident and your defense.
  • Emotional or Irrelevant Information: Stick to the facts and avoid including emotional appeals or irrelevant details that do not support your case.

10. Not Using the Correct Forms​

  • Incorrect or Outdated Forms: Ensure you are using the correct and most up-to-date version of the TR-205 form. Check the court's website or contact the court to confirm you have the right form.

By avoiding these common mistakes, you can improve your chances of successfully contesting your traffic ticket through a trial by written declaration. Make sure to carefully review all instructions, double-check your information, and follow the proper procedures to ensure your submission is complete and accurate.

For more information on typical mistakes to avoid when filling form TR-205, common reasons for a TR-205 form to be rejected, and how to contest a speeding ticket in California.