How to Contest a Traffic Ticket in California

Getting a traffic ticket in California doesn't always mean you have to pay it. If you believe the citation was issued in error or you have a valid defense, you have the legal right to contest it. The process involves several steps, and understanding them can increase your chances of a favorable outcome.

Step 1: Understand Your Citation

Every traffic ticket in California will include the violation code(s), the court handling your case, and a deadline to respond. Failing to take action by the due date can result in additional penalties, including a license suspension and increased fines.

Common citations include speeding, failure to stop, or illegal turns. Each violation may add points to your driving record, impacting your insurance rates and potentially leading to license suspension. Learn more about the California traffic point system to understand what's at stake.

Step 2: Decide How You Want to Plead

You must choose one of the following pleas:

• Guilty: You pay the fine, and the ticket is recorded on your driving record.
• No Contest: Similar to guilty, but not an admission of guilt in civil cases.
• Not Guilty: You contest the ticket and request a trial.

You can respond in person, by mail, or online (if available in your county). Always confirm with the court listed on your ticket.

Step 3: Request a Court Trial or Trial by Written Declaration

Trial by Written Declaration

California allows a unique process called a Trial by Written Declaration, where you contest the ticket in writing without appearing in court. Here's how it works:

1. Request a Trial by Written Declaration form (TR-205) from the court.
2. Submit the completed form along with the bail amount (equivalent to the fine).
3. The officer will submit their statement.
4. The judge will review both and mail the decision.

If you lose, you can still request a new trial in person through a Trial de Novo.

In-Person Court Trial

If you prefer, or if the written trial is unsuccessful, you may opt for an in-person court trial. You can present evidence, cross-examine the officer, and even bring witnesses.

Hiring an attorney is optional but recommended for serious violations like DUI offenses.

Step 4: Prepare Your Defense

Whether submitting a written declaration or appearing in court, preparation is key. Consider the following strategies:

• Photographs and videos: Show signs, road conditions, or traffic signals.
• Witnesses: Anyone who can corroborate your version of events.
• Official records: GPS data, dashcam footage, or maintenance logs.

Understanding the law can help you craft a strong argument. For instance, knowing the rules on U-turns and left turns may support your defense if you were ticketed for an improper turn.

Step 5: What Happens After the Trial

If found not guilty, the case is dismissed and your bail is refunded.

If found guilty, the fine stands, and points may be added to your record. However, you may still be eligible for traffic school, which can prevent the point from affecting your insurance. Always ask the judge about this option if you qualify.

Keep in mind that tickets in high-violation areas like carpool lanes are enforced strictly. Learn more about California's carpool lane regulations to avoid future infractions.

Additional Resources

For official court procedures and forms, visit the California Courts Traffic Self-Help Center.

Always verify local court rules, as procedures can vary by county. Consulting a traffic attorney can also be helpful for complex cases or serious violations.