how do i fight a traffic ticket in california?

\u00a9 2023 wikiHow, Inc. All rights reserved. Therefore, you'll want to get the specifics for contesting a traffic ticket in the area you were cited. Make sure to research and list applicable laws for your defense. In some counties you can pay online. 7031 Koll Center Pkwy, Pleasanton, CA 94566. 2. For example, speed limits aren't absolute in more than a dozen states this means that even if you get a ticket for exceeding the speed limit in those states, you can still make an argument that the speed at which you were traveling was safe given the totality of the circumstances. For instance, a great diagram would show that the officer could not have seen you run a red light because he was trailing you too far behind to see whether or not your car was in the intersection at the time the light turned red. These tickets range from speeding tickets, to tickets for running red lights captured by a red light camera. The more clearly you can show where your car was in relation to the officer's car at the time of the citation, the more robust an argument you can make. The ticket, notice from the court, or the court's website has specific information about how to pay (online, by mail, or in person). If you choose to pay a photo radar ticket, read your citation and follow the payment instructions. You can print out the form and type or print the required information, or you can fill in the form online and then save it. Nearly any violation that has the word "unsafe" in it implies a subjective judgment was made on the part of the police officer. If it comes down to an argument between you and the police officer without any factual evidence, the judge probably will believe the police officer. Paying a Ticket Without Going to Traffic Court. All rights reserved. For more tips from our Legal co-author, including how to read the code sections you were cited for violating, read on. Call us today at 877-466-5245. Consult an attorney. These waves reflect off a car and then are picked up by a receiver. Traffic Violation Resources: Contesting Traffic Tickets - LawInfo If you did everything right, your chances of beating your speeding ticket are somewhere between 80% and 90%. If you need to compel a witness to attend trial, then you should ask the court clerk to issue subpoenas. To further support your argument, you could point out that the police officer was in front of you during the lane change, and that, due to the heavy traffic conditions, the officer most likely was paying more attention to the road in front of him rather than a car changing lanes behind him. Our system knows exactly how to build a solid defense based on . If you want to fight a speeding ticket in California, you will need to offer evidence to the court refuting the charges. This image is not<\/b> licensed under the Creative Commons license applied to text content and some other images posted to the wikiHow website. Even if you're guilty of the infraction, using DoNotPay to contest a California traffic ticket can lead to fine reductions. 500+ Five-Star Reviews on Yelp Fighting a Moving Violation Citation in Traffic Court | Lawyers.com wikiHow, Inc. is the copyright holder of this image under U.S. and international copyright laws. Typically, you can pay by mail, over the Internet, or in person at the courthouse. Laser. Accordingly, you might want to seek a Trial by Declaration, since the odds are greater that the officer will not respond in writing and your case will be dismissed. Since many laws rely on subjective judgment, all of these details can help support your understanding of the situation. Name For information regarding a specific legal issue affecting you, pleasecontact an attorney in your area. Organize your documents and evidence before you get there so you aren't shuffling through papers if the judge asks for something. I taught traffic school for ten years before starting the Ticket Assassin in 1998. Then you attend a trial. Be sure to describe all of the evidence that you are including with the Request. This article has been viewed 70,072 times. If he does not appear, your ticket may be dismissed automatically. But, like most legal decisions, it comes down to the stakes involved. This image is not<\/b> licensed under the Creative Commons license applied to text content and some other images posted to the wikiHow website. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. At the same time, many moving violations are strict liability offenses, which means your intent is irrelevant. For help with a traffic ticket, contact our preferred Highway Traffic paralegals, Nicola (Nick) Giannantonio Legal Services. This image is not<\/b> licensed under the Creative Commons license applied to text content and some other images posted to the wikiHow website. If you do not hear back in three weeks, then you should call the court clerks office and ask about scheduling a hearing where you can present a Motion to Compel Discovery. At the hearing, you should show the judge a copy of the written request sent to the police department. The key to this argument is to show a judge that, if you had not taken the action you did, someone would have been seriously hurt. You can attempt to discredit this speed reading by pointing out the officer was too far back to adequately follow you at a consistent speed. The officer may have walked into that courtroom absolutely convinced that she was correct in giving you a ticket, but if you can place doubt in her mind she may become less sure of herself. Don't take the risk. Never skip court. Develop the tech skills you need for work and life. If the judge rules against you and you decide you want to appeal, ask the court clerk for information on the appeals process. For certain types of tickets, like running a stop sign, you may be allowed to present evidence that you should not be required to pay the ticket because you made a "mistake of fact.". However, if the stop sign was up long enough for you to be aware of it, or if you never drove that stretch of road before, or if you were driving recklessly and failed to see the sign, you would probably not win this argument. You also can impeach the officer's testimony by challenging her observations.