During the Case
A person who gets a traffic ticket can often take care of it without ever going to a courthouse.
For example, for an infraction ticket you usually can:
- Plead guilty and pay the amount of money due by mail or on the Internet.
- Plead guilty, pay your bail, and call or write to ask to be allowed to attend traffic violator school. If you are eligible to attend traffic school, when you have completed the school send the certificate of completion to the court and you will not get “a point” against your driver’s license.
- Get the mechanical problem corrected as required for a “fix-it” ticket, have an authorized person sign the “Certificate of Correction,” and mail the Certificate – with the fees shown on your courtesy notice – to the court before the deadline.
- Get the car registration or driver’s license problem taken care of at the Department of Motor Vehicles, have DMV staff sign the “Certificate of Correction,” and mail the Certificate – with the fees shown on your courtesy notice – to the court before the deadline.
- Show proof of having had a valid insurance policy when you received the ticket by getting a form from your insurance company that shows that the insurance:
- was in effect on the date you were cited;
- covered the vehicle involved, and covered the person driving the vehicle.
- Then take or mail the insurance company form to the court along with your dismissal fee before the deadline.
However, there may be cases that need to be decided by a judicial officer in court.
In a traffic ticket case, you have the right to plead "Not Guilty" and to ask for a trial. You can have either a Court Trial or a Trial By Declaration. In either case, a judicial officer and not a jury will decide your case.
- In a Court Trial, you have to go to Court. You can have an attorney. Both sides get the chance to present their side and ask questions. After listening to both sides, the judicial officer decides if you are guilty or not.
- In a Trial By Declaration, both sides mail in a written statement and send in evidence. Then, a judicial officer reviews what you both sent and decides if you are guilty or not.
Read below to find out more about these type of trials.
If you decide to plead “not guilty’ on an infraction citation, you may schedule a court trial date by going to the Traffic Clerk’s Office before the due date on the citation.
- The Traffic Court clerk will give you a trial date.
- The officer who issued the citation will be subpoenaed to appear at the trial.
For most traffic cases, you can contest your ticket without having to go to court by completing a "Trial by Declaration." In a Trial by Declaration, both you and the officer write out what you want the court to know about what happened. A judge then reviews both statements and mails you a decision.
IMPORTANT: In a Trial by Declaration, you have to tell your side of the story. This means you are giving up your right to remain silent. Read Instructions to Defendant for Trials by Declaration to learn more.
To Request a Trial by Written Declaration
Step 1: Get and fill out Request for Trial by Declaration.
- Attach any evidence, such as photographs or diagrams, that support your case.
- Attach any witness statements you may have. You can use Declaration for witness statements.
Step 2: Submit your completed Request for Trial by Written Declaration and pay the bail amount.
- If you are found not guilty, the bail amount will be refunded.
After you submit your Declaration and pay your bail, the Court will request a Declaration from the officer who gave you the ticket. The judge will then review both Declarations and any evidence submitted and decide your case.
Getting the Judge's Decision
After the Judge reviews both Declarations, the Judge will make a decision. The Court will mail you the decision.
What if I am found not guilty?
If you are found not guilty, your bail will be returned to you.
What if I am found guilty?
If you are found guilty, your fine will usually be the bail amount. If it is less, some will be returned to you. If it is more, the decision will include a date by when you must pay the rest of your fine. The conviction will go on your driving record.
What if I Don't Agree with the Court's Decision?
If you don't agree with the Court's decision, you can ask for a new trial. At the new trial, you must personally appear in Court. You can have an attorney represent you.
To ask for a new trial, complete Request for New Trial. This must be filed within 20 days of the date on the Decision and Notice of Decision you received from the Court.
If you decide to plead “not guilty’ on a misdemeanor citation, you must go to court.
The date and place will be shown on your ticket (unless the court sends a notice telling you a different date for your hearing).
- The officer who issued the citation will be subpoenaed to appear at the trial.
NOTE: You must show up. If you “fail to appear,” your driving license can be suspended and the court can charge you with another misdemeanor and issue a warrant for your arrest.
In court, traffic hearings may only last 10 to 15 minutes. Since you will only have a few minutes in front of the judge, you will need to be organized. So start preparing for your day in court as soon as possible.
1. Plan what you are going to say.
Decide what your main points are. Try to think of what the law enforcement officer who issued the ticket might say and how you will answer.
How to tell your story in court:
Be quick and to the point, and stay calm. Here are some tips:
- The first thing you need to say is why you are there. If you believe you are not guilty:
- Tell the judge your side of the story
- Say what happened, in the order it happened.
- Explain why the law enforcement officer who issued the ticket is wrong.
- Practice telling your story. If you can, practice in front of friends or family.
2. Arrange to bring things that support your story.
These are called "evidence." Examples of evidence are:
- Diagrams that show how the incident took place
3. Arrange to bring witnesses who saw or heard what happened.
- Don't bring people unless you know they will support you.
- Witnesses who are not friends or relatives may be more effective in proving your case. When the only witnesses are your friends and relatives, they should testify and present themselves in a professional, objective and calm manner.
If you don't speak English well:
Arrange to bring someone to court with you who can interpret for you. You want the judge to understand you.
Traffic hearings take place in a courtroom in front of a judicial officer – a judge or a commissioner. Other Court staff, such as the Bailiff and a Court Clerk will be in the room along with any other people who have cases that day. When you enter the Courtroom, find out if you need to check-in. You may need to tell a Bailiff or Clerk that you are there--or the judge may just call your name. When your case is called, you will need to go up to the front of the room.
The following are general guidelines. The actual rules may be different in each court, so learn your county's local rules of court on trial procedures. Find your county's court website.
What to Expect Once the Judge Calls Your Case
First, the judicial officer will ask you and the other side to give your name. You, and any other witnesses, will be sworn in---that means you swear to tell the truth. Then, the judicial officer will give you and the otherside--the officer that issued that ticket--the chance to tell your side. The law enforcement officer will go first--but you will also get a chance to speak and present your evidence.
Typical Case Flow
1. The government presents its case.
- The law enforcmenet officer who gave you the ticket testifies.
- Other witnesses may also testify, depending on the evidence in the case.
- The law enforcement officer, or other witness, may have documents to give to the court – such as an Engineering Traffic Survey to support the introduction of radar evidence at the trial. You have the right to see such a report before it is handed to the judicial officer.
- You should not interrupt any law enforcement officer or witness when he or she is speaking.
2. You get to ask questions about the government's case.
After the officer or a witness finishes testifying, you will have a chance to ask him or her questions based on the testimony. This is called cross-examination, and has the following rules:
- Your questions should only be about what has already been discussed and other relevant facts.
- You must ask the witness one question at a time, and wait for the answer before asking your next question.
You should not argue with the law enforcement officer or other witnesses.
3. You present your case.
You may tell your version of what happened, have witnesses testify, and introduce photographs or diagrams to help the judicial officer understand your side of the story. You also have the right to remain silent--this means you don't have to testify if you don't want.
The law enforcement officer should not interrupt you when you are speaking.
The judge may ask anyone any questions at anytime. He or she will examine the evidence and then decide if you have broken the law or not.
4. Closing Statements
You and the other side may get the chance to make a final statement to the judge. This is where both sides explain their main points and say why you should be found guilty or not guilty.
- If you are found "not guilty", the court will return your fine.
- If you are found "guilty", you must pay the fine.
NOTE: If you are found guilty of having committed a violation, you may still request traffic school.
- Dress neatly and respectfully.
- Take all of the documents that will be needed to show to the judge. Be sure you have copies for the other side.
- If you intend to call witnesses (other than you and the other side), and have filed and served a witness list, arrange for your witnesses to be present at court. Make sure they know where to go and that they allow plenty of time to find the courtroom. Give your witnesses a copy of this page so that they know what to expect.
- Be on time. Allow extra time for traffic or other possible delays. (If you are delayed or unable to attend the hearing due to a car breakdown, sudden illness, or other emergency, contact the department clerk on or before your hearing time.)
- Turn off your cell phone and/or pager when you enter the courtroom.
- When your case is called, walk to the table or podium in front of the judge and stand facing the judge.
- Be prepared to state your name and your relationship to the case.
- Speak clearly and loud enough that the judge can hear you. Speak only when it is your turn.
- When you speak to the judge, act respectfully and call him or her “your honor.” Be sure never to interrupt the judge.
- Answer all of the judge’s questions and stop talking immediately if the judge interrupts you.
- If you don’t understand something, say that you don’t understand. Someone will try to explain it for you.