Alameda County Superior Court
Traffic Court Self Help

Trials

1. Traffic Trials (in-person)
   
   1. How Do I Schedule a Trial?
      You can set a trial in person, or by mail. If you plead not guilty and want to go straight to trial, you must post the bail amount to set the trial date. The officer that gave you the citation will be given notice to appear on the date and time set for trial. You can also request a trial when you appear on your arraignment date. The Commissioner without the posting of bail will continue your case for trial. (This requires two court appearances (arraignment and trial), but will save you from posting the bail amount). Also see: "Trial by Declaration" below.

   2. How Do I Subpoena a Witness for Trial?
      Subpoenas are used to compel witnesses to appear to testify. A Subpoena Duces Tecum is used to obtain documentary or physical evidence. You can obtain blank subpoenas from the court. The form must be filled out in triplicate. Delivering a copy to the witness personally makes Service (CCP 1987(a). The party requesting the subpoena must do Service.

2. Traffic Trials by Declaration (in writing)
   
   1. What Is a Trial by Declaration?
      If you are charged with an infraction of the Vehicle Code or any local ordinance adopted pursuant to this code with certain limited exceptions, you may choose to have your trial by declaration rather than appearing in person to contest the matter. The court will decide your matter after reviewing the written declarations of yourself and the citing officer along with any documentary evidence properly submitted by the parties. This evidence may be in the form of a notice to appear issued pursuant to Vehicle Code Section 40500, a business record or receipt, a sworn declaration of the arresting officer or a written statement or letter signed by the defendant.

   2. How Do I Do a Trial by Declaration?
      If you qualify for a trial by declaration, you may request a trial by declaration either in person, by mail or by downloading the forms in the Rules/Forms section of this website. If done by mail, please enclose a stamped, self addressed envelope with your written request. Upon request for a trial by declaration by mail, you will be sent instructions along with Trial by Declaration forms to be filled out and returned to the clerk by the date indicated on the forms. You must return the forms along with the bail amount set on your case by the due date given on your forms. If you are downloading forms from this website to file your trial by declaration, you must fill out the forms and return the forms along with the bail amount due by the due date given on your courtesy notice.

      The bail money posted is to guarantee your compliance and may be used to pay any fines ordered, if found guilty. If found not guilty, your bail money will be refunded to the depositor. Upon receipt of these documents, the clerk will send the arresting officer Declaration forms to be filled out and returned to the court by the hearing date set. Upon receipt of the officer’s declaration or on its due date, the file is submitted to the Commissioner for decision.

      The court renders a verdict of guilty or not guilty and returns the file to the clerk to notify the parties of the decision. If the verdict is guilty, the court assesses an appropriate penalty and orders it paid from the bail if sufficient bail has been posted. If the amount of the fine is more than the posted bail, the court will give a date by which payment of the fine balance must be made. If the verdict is not guilty or the case is dismissed because of failure to prosecute, the bail is released (exonerated) and returned to the depositor. If you are found guilty in the trial by declaration, you may request a trial de novo where you will appear in person to contest your matter. This request must be made in writing within 20 calendar days of the mailing of the final decision. Your case will then be scheduled for a court trial where both parties will be required to appear in person for trial.

   © 2004 Superior Court of California County of Alameda