How to Contest a Cell Phone Ticket in California

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    Trial by Declaration

    • 1). Fill out the request for trial by declaration (form TR205). You can find these forms online or at the courthouse.

    • 2). Complete the statement of facts on the form TR205 without admitting guilt. Provide any evidence that you have to substantiate your case. For example, if you were holding something else that the officer mistook for a cell phone, describe that item and explain what you were doing.

    • 3). File the request for trial by declaration with the court; you must pay the bail amount at this time. File by the due date for the citation, or you will lose your right to a trial by declaration.

    • 4). Wait until you receive a reply from the court regarding your request. At this time, you can file for another trial if the outcome is not in your favor.

    Filing for Another Trial

    • 1). File a request for a new trial (Trial de Novo-form TR220) within 20 days of receiving the correspondence from the court. If you do not complete and return this form to the court within the 20-day period, you will be unable to do so later.

    • 2). Respond to any inquires received by the court immediately if the contact you for more information. Appear in court if instructed to do so.

    • 3). Consult a lawyer for continued action to fight the citation, if the court does not rule in your favor. A lawyer will have more knowledge of the laws, and would better understand how to fight citations.

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