Rule 4.210. Traffic court-trial by written declaration

(a) Applicability This rule establishes the minimum procedural requirements for trials by written declaration under Vehicle Code section 40902. The procedures established by this rule must be followed in all trials by written declaration under that section.

(b) Procedure

(1) Definition of due date

(2) Extending due date

(3) Election

(4) Bail

(5) Instructions to arresting officer

(6) Court decision

(7) Trial de novo

(8) Case and time standard

(c) Due dates and time limits Due dates and time limits must be as stated in this rule, unless changed or extended by the court. The court may extend any date, but the court need not state the reasons for granting or denying an extension on the record or in the minutes.

(d) Ineligible defendants If the defendant requests a trial by written declaration and the clerk or the court determines that the defendant is not eligible for a trial by written declaration, the clerk must extend the due date 25 calendar days and notify the defendant by mail of the determination and due date.

(e) Noncompliance If the defendant does not comply with this rule (including submitting the required bail amount, signing and filing all required forms, and complying with all time limits and due dates), the court may deny a trial by written declaration and may proceed as otherwise provided by statute and court rules.

(f) Evidence Testimony and other relevant evidence may be introduced in the form of aNotice to Appearissued under Vehicle Code section 40500; a business record or receipt; a sworn declaration of the arresting officer; and, on behalf of the defendant, a sworn declaration of the defendant.

(g) Fines, assessments, or penalties The statute and the rules do not prevent or preclude the court from imposing on a defendant who is found guilty any lawful fine, assessment, or other penalty, and the court is not limited to imposing money penalties in the bail amount, unless the bail amount is the maximum and the only lawful penalty.

(h) Additional forms and procedures The clerk may approve and prescribe forms, time limits, and procedures that are not in conflict with or not inconsistent with the statute or this rule.

(i) Forms The following forms are to be used to implement the procedures under this rule:

(1) Instructions to Defendant(form TR-200)

(2) Request for Trial by Written Declaration(form TR-205)

(3) Notice and Instructions to Arresting Officer(form TR-210)

(4) Officer’s Declaration(form TR-235)

(5) Decision and Notice of Decision(form TR-215)

(6) Request for New Trial (Trial de Novo)(form TR-220)

(7) Order and Notice to Defendant of New Trial (Trial de Novo)(form TR-225)

(j) Local forms A court may adopt additional forms as may be required to implement this rule and the court’s local procedures not inconsistent with this rule.

Committee Notes

(Subd (a) amended effective January 1, 2007.)

(Subd (b) amended effective January 1, 2007; previously amended effective January 1, 2000, and July 1, 2000.)

(Subd (c) amended effective January 1, 2007.)

(Subd (d) amended effective January 1, 2007.)

(Subd (e) amended effective January 1, 2007.)

(Subd (f) amended effective January 1, 2007.)

(Subd (g) amended effective January 1, 2007.)

(Subd (i) amended effective January 1, 2007; previously amended effective January 1, 2000.)

(Subd (j) amended effective January 1, 2007.)