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Common reasons for a tr-205 form to be rejected

When submitting a TR-205 form (Request for Trial by Written Declaration) in California, there are several common reasons why the form might be rejected. Here are the detailed and comprehensive reasons based on the provided sources:

1. Missing or Incorrect Information​

  • Incomplete Form: Failing to fill out all required fields, such as your name, address, citation number, and case number, can lead to rejection.
  • Incorrect Information: Providing incorrect details, such as the wrong citation number or case number, can cause the form to be misplaced or not processed correctly.

2. Missing Signature and Date​

  • Unsigned Form: Not signing and dating the form under penalty of perjury is a critical mistake that can result in the form being invalidated.

3. Failure to Include Bail Payment​

  • Omitting Bail Payment: The TR-205 form must be accompanied by the full bail amount (the fine for the traffic violation). Failing to include this payment can result in the request being denied.
  • Incorrect Payment Method: Using an unacceptable payment method, such as cash, instead of a check or money order, can also lead to rejection.

4. Improper Submission​

  • Late Submission: Submitting the form after the appearance date on the citation or the extended due date can result in automatic rejection.
  • Incorrect Mailing Address: Sending the form to the wrong address can cause delays or rejection. Always double-check the court's address on your citation or courtesy notice.

5. Lack of Evidence​

  • Not Including Supporting Evidence: Failing to attach relevant evidence, such as photographs, diagrams, or witness statements, can weaken your case and lead to rejection. Read more about the mistakes to avoid when filling the TR-205.
  • Unclear or Unorganized Evidence: Submitting evidence that is not clearly explained or organized can make it difficult for the judge to understand your argument, potentially leading to rejection.

6. Improper Mailing Methods​

  • 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. Not doing so can result in the court not receiving your submission on time.

  1. Confirming Receipt by the Court Following Up on Submission : After sending your TR-205 form and accompanying documents, it's important to confirm that the court has received them. This can be done by contacting the court clerk or checking any tracking services if you used a trackable mailing method.

    Benefits of Confirmation : Verifying receipt ensures that your submission is processed in a timely manner and helps prevent issues related to lost or delayed mail. By proactively following up, you can address any administrative errors promptly, increasing the likelihood of a favorable outcome for your case.

  • Failure to Retain Proof of Mailing: Not keeping a receipt or proof of mailing can make it difficult to prove that you submitted the form on time if there are any disputes.

7. 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. Learn more about how to contest a speeding ticket.

8. Document Formatting Issues​

  • Defective Documents: Submitting documents that are hard to read, such as those that have been scanned multiple times and are illegible, can lead to rejection.
  • Missing Required Documents: Not including all necessary documents, such as the addendum to the Civil Case Cover Sheet, can result in rejection.

9. Duplicate Submissions​

  • Duplicate Documents: Submitting duplicate documents can cause confusion and lead to rejection. Ensure that each document is unique and necessary for your case.

10. Not Following Court-Specific Instructions​

  • Ignoring Specific Court Instructions: Each court may have specific instructions for submitting a trial by written declaration. Failing to follow these instructions can result in your submission being rejected.

11. Fields Filled by Clerk Already Filled by Defendant​

  • Pre-filled Sections: Any sections of the form that are supposed to be filled by the court clerk should not be filled by the defendant. Filling these sections can lead to confusion and rejection of the form. Here is an example of a TR-205 form with pre-filled sections by the defendant

Consequences of TR-205 Form Rejection​

Submitting a TR-205 form is a crucial step in contesting a traffic citation through a Trial by Written Declaration. However, if your form is rejected, several significant consequences may follow:

  1. Immediate Fines and Penalties

    • Accurate Fines Imposed: If the TR-205 form is rejected, you forfeit the opportunity to contest the violation through the written declaration. Consequently, the full fine amount for the traffic infraction will be imposed.
    • Additional Fees: Beyond the original fine, you may also be liable for court fees and administrative costs associated with processing your citation.

  2. Default Judgment

    • Automatic Conviction: A rejected TR-205 form can lead to a default judgment against you. This means the court automatically rules in favor of the prosecution without hearing your side of the case.
    • Impact on Driving Record: A default judgment can result in points being added to your driving record, which may increase your insurance premiums and potentially lead to license suspension if multiple infractions accumulate.

  3. Loss of Opportunity to Contest

    • No Written Representation: Rejection of your TR-205 form eliminates the chance to present your case in written form, which could have provided a convenient and timely way to dispute the citation without appearing in court.
    • Limited Recourse: While you may still have options such as requesting a Trial de Novo (a new trial), these typically require additional steps, deadlines, and sometimes, an in-person court appearance, making the process more burdensome.

  4. Potential for Increased Legal Consequences

    • Warrants for Non-Payment: Failure to address the rejected form and the resulting fines may lead to warrants for your arrest, especially if the violation remains unpaid.
    • Credit Score Impact: Unpaid fines can be reported to credit bureaus, adversely affecting your credit score and financial standing.

Understanding these consequences underscores the importance of meticulously completing and submitting the TR-205 form correctly. Ensuring that your submission meets all requirements can help you avoid these negative outcomes and effectively manage your traffic citation.

By avoiding these common mistakes, you can improve your chances of successfully submitting your TR-205 form and having your case reviewed. Make sure to carefully review all instructions, double-check your information, and follow the proper procedures to ensure your submission is complete and accurate.

Consequences of TR-205 Form Rejection​

Submitting a TR-205 form is a crucial step in contesting a traffic citation through a Trial by Written Declaration. However, if your form is rejected, several significant consequences may follow:

  1. Immediate Fines and Penalties

    • Accurate Fines Imposed: If the TR-205 form is rejected, you forfeit the opportunity to contest the violation through the written declaration. Consequently, the full fine amount for the traffic infraction will be imposed.
    • Additional Fees: Beyond the original fine, you may also be liable for court fees and administrative costs associated with processing your citation.

  2. Default Judgment

    • Automatic Conviction: A rejected TR-205 form can lead to a default judgment against you. This means the court automatically rules in favor of the prosecution without hearing your side of the case.
    • Impact on Driving Record: A default judgment can result in points being added to your driving record, which may increase your insurance premiums and potentially lead to license suspension if multiple infractions accumulate.

  3. Loss of Opportunity to Contest

    • No Written Representation: Rejection of your TR-205 form eliminates the chance to present your case in written form, which could have provided a convenient and timely way to dispute the citation without appearing in court.
    • Limited Recourse: While you may still have options such as requesting a Trial de Novo (a new trial), these typically require additional steps, deadlines, and sometimes, an in-person court appearance, making the process more burdensome.

  4. Potential for Increased Legal Consequences

    • Warrants for Non-Payment: Failure to address the rejected form and the resulting fines may lead to warrants for your arrest, especially if the violation remains unpaid.
    • Credit Score Impact: Unpaid fines can be reported to credit bureaus, adversely affecting your credit score and financial standing.

Understanding these consequences underscores the importance of meticulously completing and submitting the TR-205 form correctly. Ensuring that your submission meets all requirements can help you avoid these negative outcomes and effectively manage your traffic citation.