What is Trial by Written Declaration?
Trial by Written Declaration (TBWD) is a statutory process available in California, Washington, and Arizona that lets you contest a traffic infraction entirely by mail, without ever appearing in court. You submit a written statement of your defense; the citing officer submits theirs; a judge reads both and decides.
Who is eligible?
Most non-criminal infractions are eligible in California (VC 40902). Excluded: reckless driving, DUI, commercial-driver violations, and any ticket requiring a mandatory court appearance. We check eligibility automatically the moment you upload your ticket.
Deadlines you cannot miss
California: file before your due date (typically within 30–45 days of the citation). Washington: 15 days from infraction notice. Arizona: within 30 days of the complaint. Missing the deadline forfeits the TBWD option; you can only appear in person.
The bail deposit
California and Arizona both require you to post the full fine amount as bail when you file. If your TBWD is granted, the full amount is refunded by mail. If denied, the bail is applied to the fine.
What happens after you file
The court assigns a judge to review. The citing officer has a statutory window (California: 25 days) to submit their own declaration. If they miss that deadline or if their declaration is defective, the case is dismissed. If they file properly, the judge weighs both declarations and mails a ruling.
If denied: Trial de Novo
In California, a denied TBWD triggers the right to a Trial de Novo — a fresh in-person trial where nothing from the written proceeding carries over. You get a second bite at the apple with your bail credited toward any final fine.