Should I Do Trial By Written Declaration For My Ticket?

A trial by written declaration is a procedure where, instead of appearing in court for a trial on your citation, you mail or bring in a written statement explaining the facts of your case and why the court should rule in your favor.

What Is A Courtesy Notice?

Traffic tickets can be frustrating for drivers, but ignoring them can lead to significant consequences. Even if the notice seems trivial, it's crucial to address it properly. Whether it's a simple violation like using a cell phone while driving or a more serious offense like speeding, it's essential to have a plan of action as soon as possible.

Courtesy Notice: This is not a Ticket

I received one by mail, it was related to a Failure to Stop on a Turn Right at Red Light. I was not driving the car although is my car and I am the registered owner. The ticket says it's a Courtesy Notice: This is not a Ticket. 

What is a courtesy notice?

You will get a courtesy notice 45 - 60 days after you get your citation (ticket). This notice tells you about your options. If you do not get a courtesy notice by the date written at the bottom of your ticket, you must contact the court by phone, in person, or by mail. See the Traffic Courthouse locations page.

Before contacting the court, please check traffic records on the Case Info website. (You can not take care of your citation until it is in the Court's computer system.)

A courtesy notice is a computer-generated document sent to recipients of a traffic violation. Generally speaking, they are sent out for other minor violations and misdemeanors. However, in this case, they will be discussed in the context of traffic violations.

Courtesy notices are sent as a way to inform the recipient about what is expected of them as a consequence of the violation. It could be detailed on the fine or bail payable, court dates if any, and other out-of-court settlement arrangements are available. In a nutshell, they are basically a how-to letter to help you get past this legal glitch in your record.

1. Court appearance details

Here the notice will let you know whether a court appearance is mandatory or not. If it is, you also get details on the date, time, and location of your court session.

2. Information on fines and bail

In this case, the notice contains information on how much is owed as well as procedures to be followed in the payout process.

3. Whether Trial by Declaration is a viable option

Trial by declaration is an option that allows you to challenge traffic citations without having to go to court. Courtesy Notices will let you know whether or not you qualify for this option. And if you do qualify for trial by declaration, there should be information on how to start filing and what you need to do.

4. Consequences of failure to comply

A Courtesy Notice also serves as a warning letter to those who plan on ignoring citations and court dates. In this case, the notice lets you know how much you risk should you decide to not comply with the court’s requirements.

5. Additional options including traffic school

If traffic school is a correctional option for your type of traffic violation, details will also be included on the notice.

When do I have to respond to the Courtesy Notice?

Your courtesy notice will have a due date. You must exercise your options on that date. If you do not get a courtesy notice by the date at the bottom of your ticket, you must contact the court by phone or in person. See the Traffic Courthouse locations page.

Before contacting the court, please check the Case Info website to be sure your citation is in the Court's computer system.

When will you receive your courtesy notice?

The next important thing is to understand when to look out for it. The notices are generally sent out within 30 days after the traffic ticket is issued. This gives the departments involved time to review your case and compile relevant content for your individualized notice. They use your physical address details surrendered during the roadside citation. So once you get your ticket give it 30 days and you will have all the information you need and what to do about it.

Bottom line

It goes without saying that Courtesy Notices are not to be ignored. They could be what saves you a lot of money and help keep your legal record spotless. So in the unfortunate event that you end up cited for some traffic violation or other, keep an eye out for these notices for information on the way forward.

What Is A Trial By Written Declaration?

When people are told they can fight a ticket with a written declaration, the most common question is often how to fight it. But most people have never heard of it, so how does it work and how can it help you?  

Choosing to have your trial by written declaration means that instead of going to court to contest your case, you file statements and any evidence in writing. Evidence may a sworn declaration of the citing officer and a written statement or letter signed by the defendant. 

What happens if you contest your ticket by trial by written declaration?
Choosing to have your trial by written declaration means that instead of going to court to contest your ticket, you and the officer file statements and any evidence in writing. Evidence may include:

• The "Notice to Appear" ticket;
• A business record or receipt;
• A sworn declaration of the citing officer;
• A written statement or letter signed by the defendant; and/or
• Any written statements or letters signed by witnesses.
• Photos & video 

By filing a declaration in a trial by written declaration, you are waiving and giving up the right to remain silent and not incriminate yourself, and the right to a public and speedy trial. You are also waiving the right to appear in person before a judicial officer, except that you will have a right to a new trial in court if you disagree with the court’s decision in your trial by written declaration.

The advantage of a trial by written declaration is that the judge can review the arguments in the case privately and without the court's influence or having to go to court. All evidence and statements can be submitted in writing, which in itself dramatically increases your chances of success. However, this form of trial has several crucial disadvantages, as it has the potential to bring each person to a second trial if found guilty.     

Most states have a simple way of dealing with traffic matters, using easy-to-fill-out forms in which you state — and please be brief — why you are not guilty of the traffic offense. Experience shows that in most situations, the driver is going to lose the case. But where it is a question of identity — who was driving the car — or a change in ownership, the chances are very good that your ticket will be dismissed.

How do you ask for a trial by written declaration?

You can ask for your trial by a written declaration in person at the clerk’s office or by mail sent to the courthouse address listed on your ticket.

If you mail your request and enclose a stamped, self-addressed envelope, the court will mail you instructions and a form entitled Request for Trial by Written Declaration (court form). The top portion of the form you receive should be filled out by the court clerk with important information; read it carefully. Once you get the form and instructions, you can fill out the paperwork.

Are you eligible to request a trial by written declaration?

If you have received a traffic violation, you can request a trial by written declaration unless you were issued a ticket for an offense involving alcohol or drugs or the violation requires a mandatory appearance in court.

Additional eligibility requirements include:

• You were issued a ticket for infraction violations only;
• The due date to take care of your ticket has not passed; and
• Your ticket or courtesy notice does not say that you must appear in court.