California Form TR-220: Deadline, Filing, and Bail Deposit

California Form TR-220 is the one-page request you file with the traffic court clerk to get a brand-new in-person trial after losing a Trial by Written Declaration. The form itself is short, but the deadline is strict: the court must receive it within 20 calendar days of the date it mailed you the Decision and Notice of Decision (Form TR-215).1Judicial Branch of California. Rule 4.210 Traffic Court – Trial by Written Declaration Fill it out, get it to the clerk on time, and the new trial is yours by right.

When Form TR-220 Applies

This form is only for one scenario. You contested a traffic infraction by submitting a Trial by Written Declaration (Form TR-205), the court found you guilty, and you want a do-over in a courtroom. Vehicle Code Section 40902(d) says the court “shall” grant the trial de novo, so the judge has no discretion to refuse as long as you file in time.2California Legislative Information. California Code, Vehicle Code – VEH 40902 – Trial by Written Declaration

If your original trial was in person, TR-220 is not the right form. The trial de novo procedure exists only to follow up a written declaration. The written-declaration process itself covers most Vehicle Code infractions and local traffic ordinances but does not reach DUI charges under Vehicle Code Section 23152.2California Legislative Information. California Code, Vehicle Code – VEH 40902 – Trial by Written Declaration

The 20-Day Deadline

California Rule of Court 4.210(b) gives you 20 calendar days from the date the clerk delivered or mailed the TR-215 decision.1Judicial Branch of California. Rule 4.210 Traffic Court – Trial by Written Declaration That date is printed on the TR-215 and on the clerk’s certificate of mailing. Check both and count carefully.

This is a receipt deadline, not a postmark deadline. The court must physically have your form within 20 days. If it arrives late, the rule is blunt: no new trial may be held, and the written-declaration conviction stands with its fine and points attached.1Judicial Branch of California. Rule 4.210 Traffic Court – Trial by Written Declaration If you plan to mail the form, pad in several days for delivery. Walking it to the clerk’s window eliminates the risk.

Filling Out the Form, Field by Field

Download Form TR-220 from the California Courts website or pick one up at your local traffic court clerk’s window.3California Courts. Request for New Trial (Trial de Novo) (TR-220) It is a single page. Here is what each field is asking for.

  • Court information. Name of the court, street address, mailing address, city, zip code, and branch name. Copy this exactly from your citation or your TR-215. The branch name matters in larger counties with more than one courthouse.
  • Citation number. This is on the ticket the officer handed you.
  • Case number. The court assigned this when your written declaration was processed. It appears on the TR-215 and other court correspondence.
  • Date the decision was mailed. The mailing date printed on the TR-215. This is the date your 20-day clock started, so get it right.
  • Violations. List each violation you want retried. If your citation included multiple counts, name every one you want in the new trial.
  • Signature, printed name, and date. The form includes a built-in statement confirming you are submitting the request within the 20-day window.

Nothing on the form asks you to explain why you disagree with the decision or to preview any arguments. You are telling the court you want a new trial. No reason is required; dissatisfaction with the outcome is enough.2California Legislative Information. California Code, Vehicle Code – VEH 40902 – Trial by Written Declaration

How to Submit It

Hand-delivering TR-220 to the traffic court clerk’s window is the safest route. You walk out with a file-stamped copy that proves the court has your request and when it received it. If you mail the form, use a method with proof of delivery, such as certified mail with a return receipt. Mailing on day 18 means betting on the post office; mailing earlier is better.

There is no filing fee for Form TR-220. The right to a trial de novo is built into the written-declaration process, and no California statute or rule of court authorizes a separate charge for requesting one.

What Happens After You File

Your Bail Deposit

When you first filed your Trial by Written Declaration, you posted bail equal to the full fine on the uniform traffic penalty schedule. The court holds that money through the trial de novo. If you are found not guilty or the case is dismissed, Vehicle Code 40902(b) requires the court to promptly refund it.2California Legislative Information. California Code, Vehicle Code – VEH 40902 – Trial by Written Declaration If you are found guilty, the court applies the bail toward your fine.

The New Trial Date

Once the clerk processes your TR-220, the court must schedule the trial de novo within 45 calendar days.1Judicial Branch of California. Rule 4.210 Traffic Court – Trial by Written Declaration You will get a notice by mail with the date, time, and courtroom. The written-declaration decision is set aside; a different judge hears your case from scratch, and nothing from the first round carries over.4California Courts. Trial by Written Declaration You must appear in person, and the citing officer is required to appear as well.

A Risk Worth Knowing Before You File

The judge at the trial de novo is not capped at the fine from your written-declaration conviction. Under Rule 4.210(g), the court can impose any lawful fine, assessment, or penalty, and the bail amount is not a ceiling unless it already reflects the maximum penalty allowed by law.1Judicial Branch of California. Rule 4.210 Traffic Court – Trial by Written Declaration A higher penalty on a routine infraction is uncommon in practice, but requesting a new trial is not entirely risk-free.

The upside is that the trial de novo is a genuinely fresh proceeding. You can bring new witnesses and new evidence that were not part of your written declaration, and you can cross-examine the officer who issued the citation.4California Courts. Trial by Written Declaration If your original declaration was thin, this is your chance to put together a stronger case.

If the New Trial Also Goes Against You

A guilty verdict at the trial de novo can be appealed to the appellate division of the superior court. The vehicle is a Notice of Appeal (Form CR-142), filed within 30 days of the judgment.5California Courts. Appeal a Traffic Ticket Decision An appeal is not another new trial. You cannot introduce new evidence; you must argue that the trial judge made a legal error that affected the outcome.