Trial by Written Declaration for a California Speeding Ticket

A trial by written declaration lets you contest a California speeding ticket by mail instead of appearing in court. Doing it well starts with knowing which speeding section is on your ticket, because sections 22350 and 22349 ask different factual questions. From there you need evidence that fits that question, a short factual statement, and the court's deadline. What follows is a checklist and an outline, not a script, because a truthful statement has to be yours.

Check which speeding section is on your ticket

California has more than one speeding law, and the section on your ticket controls what matters.

Vehicle Code 22350 is the Basic Speed Law. It says you may not drive faster than is reasonable or prudent given weather, visibility, traffic, and the surface and width of the road, and never at a speed that endangers people or property. It does not name a number.

Vehicle Code 22349 sets maximum limits. Subsection (a) sets 65 mph as the general maximum unless a higher limit is posted under section 22356. Subsection (b) sets 55 mph on two-lane undivided highways unless a higher speed is posted. Not every maximum limit is 65. Read the subsection on your ticket.

If your ticket cites something else, or the alleged speed was over 100 mph, or the ticket came with a criminal charge, an injury collision, or a license already at risk, this guide is not enough. Those cases deserve advice beyond self-help.

22350 vs 22349: the question the court is deciding

This distinction shapes everything you write.

Under 22350, the question is whether your speed was reasonable and prudent for the conditions. A posted limit matters as evidence of what is reasonable, but being under the posted number does not automatically establish that you were driving safely. The court looks at the conditions on that road at that time.

Under 22349, the question is whether you exceeded the maximum. Conditions do not change the number. Light traffic, clear skies, and a dry road do not excuse driving over the maximum.

So a driver cited under 22350 should focus on conditions and their own actual speed. A driver cited under 22349 should focus on whether the alleged speed is accurate and whether the maximum on that road was what the citation says.

What evidence can support, and what it cannot

This table helps you take stock before you write anything.

Two rules follow. Only attach what you actually have. And say when each item was created.

Video needs extra care. Courts set their own rules for accepted formats, and a mailed paper declaration may not accommodate a video file or guarantee the court will play it. Check the court's instructions before relying on footage. Dated still images from the video, with a written description of what it shows and when it was recorded, may be a practical alternative. Keep the original file unaltered.

Claims to avoid in your statement

Some arguments circulate online as if they end every case. They do not, and writing them can hurt your credibility.

• "Radar is invalid without calibration records." Whether measurement evidence is reliable is decided case by case. A blanket rule is not a fact.
• "The road needed an engineering survey, so the ticket is void." Survey rules are technical and vary by road. Do not raise this unless you have verified it applies and have the documentation.
• "The officer will not respond, so I will win." Under Rule 4.210, the court decides after the officer responds or after the officer's deadline passes. There is no automatic dismissal.
• "I was under the posted limit, so 22350 cannot apply." The posted limit is evidence, not a safe harbor.
• "Traffic was light, so 22349 should be excused." Conditions do not change a maximum.

Stay with what you saw, what you did, and what your evidence shows.

Your preparation checklist

Work through this before filling out any form.

1. Confirm the code section and subsection on the citation.
2. Confirm the court and due date from the courtesy notice or the clerk. Do not rely on memory.
3. Write down, in your own words, your best recollection of your actual speed, the road, the lane, traffic, weather, and time of day.
4. Gather only evidence you actually possess. Date every item, and confirm the court accepts its format.
5. Compare your account and evidence to the question the section on your ticket asks.
6. Confirm the bail amount from the court, not from a guide.
7. Check whether your court also offers an online MyCitations trial. That path has different rules and no new trial in court if you lose. Court instructions control.

If your account and the section's question do not line up, paying or seeking advice may be the better route. Our speeding ticket overview and our guide to how much a speeding ticket costs help you weigh that. The speeding ticket cost calculator can estimate the stakes.

If you decide to contest, checking whether your ticket is eligible for a written defense is the next step.

Outline of a factual statement

These are prompts, not sentences. Answer each one in your own words, in plain language, and only where you have first-hand knowledge.

• Where were you, in which direction, and in which lane?
• What was the posted limit where you were stopped, and how do you know?
• What speed did you observe on your speedometer? How confident are you?
• For 22350: what were the weather, visibility, traffic, and road conditions? Why was your speed reasonable for them?
• For 22349: what is the basis for believing the alleged speed is inaccurate, if you believe that?
• What evidence are you attaching, and when was each item created?
• What did the officer tell you at the stop, as best you recall?

Do not guess about anything you did not observe. Include the facts as they were, including details that do not help you. Write the facts and let them carry the conclusion.

Bail deposit vs service fee: what you pay and when

Two different payments are easy to confuse.

The bail deposit goes to the court. Under Vehicle Code 40902, you deposit the bail amount with your written declaration. If you are found not guilty or the case is dismissed, the bail is refunded. If you are found guilty, the court applies it, and the penalty is not necessarily capped at the bail amount.

A service fee, if you use one, goes to a preparation service. It is optional. It is not a court fee, and it does not replace bail.

What happens after you mail it

The clerk sends the officer a declaration form. The judge decides on the written record after the officer responds or the deadline passes, as set out in Rule 4.210. Neither you nor the officer appears.

If you lose on the traditional TR-205 route, you may request a new trial in court on form TR-220 within 20 calendar days after the decision, form TR-215, is delivered or mailed to you. The clock runs from delivery or mailing, not from when you open the envelope. This differs from the MyCitations online trial, which does not include a new trial in court.

Traffic school after a written trial is not guaranteed. It requires the court's approval, fees, and completion, and it does not dismiss the citation. Ask the court about eligibility before you contest if that option matters to you.

Timelines vary by court. No one can promise you a turnaround.

Doing it yourself vs ClerkHero

You can prepare and file this yourself. The TR-205 form and instructions are free on the California Courts self-help site. Fill it out, attach your evidence, and mail it with bail. Bail and postage apply whichever route you choose.

ClerkHero is a document preparation service, not a law firm. For a one-time $49.99 fee, plus the court's bail and your mailing costs, you enter your case details, and we prepare a written defense, TR-205, and filing instructions from the information you provide. You review the packet for accuracy, print, sign, and mail it yourself. No lawyer reviews your packet, we do not evaluate the merits of your case, and we cannot guarantee any result. See pricing and our refund policy. For the full statewide process, read our trial by written declaration guide.