Geo. McCalip's Traffic Ticket Site

PLEAD NOT GUILTY AND
REQUEST TRIAL BY DECLARATION

You have two options for pleading not guilty and requesting your trial by declaration:

• At Court
  You may appear in court at you arraignment and request a trial by declaration.

  At the time the judge ask for your plea you will say, "Not guilty, your Honor." He/she will then set a trial date. At that point you will say, "I request a trial by declaration per CVC40902."

  You will need to do this if you do not have the money to send in with your request for a trial by declaration. You will have to send in the bail with your declaration. I have seen a Comissioner (Rees at Harbor division of Orange County Superior Court) demand bail at the time of the plea; this is obviously contrary to CVC 40902(b).

  40902. (b) If the defendant elects to have a trial by written declaration, the defendant shall, at the time of submitting that declaration, submit bail in the amount established in the uniform traffic penalty schedule pursuant to Section 40310. If the defendant is found not guilty or if the charges are otherwise dismissed, the amount of the bail shall be promptly refunded to the defendant.

  You may need to request an extension or two before requesting a trial by declaration in order to have the time to get the money together to send in with your declaration. The upside of going to court to request your trial by declaration is that it buys you time to get the bail together to send in with your declaration.

  The obvious downside of this is that you have to go to court, stand in line, wait for the judge, etc.

  NOTE: You may be able to avoid going to the court by requesting an extension using the phone and then using the mail before the extension date.

  Having made your request for a trial by declaration, the court will inform you of the due date for your declaration. Note this date. It is very important.

• By Mail
  Per Section 40519(b) of the Califonia Vehicle Code you may plead not guilty by mail.

  The upside is that this saves you the time and trouble of going to court. All you have to do is send your declaration and a check.

  Do not forget you must include a check for the bail. The court may allow you to send in credit card info instead of a check.

  A major downside to this is that you waive your right to a speedy trial when you use this method for entering a not guilty plea. Another downside is that you have to send in the full bail with your not guilty plea.

  NOTE: You should mail your letter via Certified Mail, Return Receipt Requested. This means a trip to the Post Office. During a couple of weeks in December it might be quicker to go to the court.

This brings up the next step in the process -- submitting your declaration.

© 2001 Geo. McCalip