Traffic Ticket Defense in California

There are Many Ways to Beat a CA Traffic Violation Ticket

Sep 18, 2009

Although CA traffic school is offered to many drivers, the state also gives drivers many traffic ticket defenses to help them fight and beat their traffic tickets.

In California, drivers who have received traffic tickets have many rights to help them beat their traffic tickets. For example, California allows traffic court defendants two trials which means two chances to beat that speeding ticket. This is why there are many traffic ticket attorneys in California who can often win their clients' cases.

US Constitution Sixth Amendment

The US Constitution's Sixth Amendment gives everyone the right to confront their accusers at trial. In traffic court, this almost always means the police officer who issued the ticket. If an officer does not show up at the trial, and the defendant wishes to cross examine the officer, the defendant can request that the case be dismissed.

County Seat

When a driver is pulled over in California, the police officer lists a court house that is convenient for him on the traffic ticket. During the traffic stop, the driver can request that the court be changed to the county seat as mandated by California Vehicle Code (CVC) 40502 for the convenience of the driver. If the change of court venue to the county seat is successful, the chances of the officer not showing up at the trial improve. If the officer refuses to change to the county seat, or if the driver is unsure if the court listed is the county seat, the driver should write "County Seat Requested" on the ticket while signing it.

Issues regarding change of venue to the county seat can be raised at arraignment, but only if the county seat was requested during the initial traffic stop. Change to the county seat cannot be requested after the traffic stop.

Attend California Traffic School

If a driver has not received a traffic ticket for a moving violation within the previous 18 months, he may attend a court approved California traffic school to avoid having the violation show up on his DMV record. Because the chances of success are low even with a good case, it's often preferable to pay the fine and take traffic school instead of hiring a traffic ticket lawyer or hoping that the officer does not show up at trial.

The right to attend traffic school disappears if the defendant pleads not guilty.

Trial By Written Declaration

This is the first of two trials guaranteed by CVC 40902(a)(1). A trial by written declaration (TBWD) must be requested at least 10 days before arraignment, or the court will automatically assign an in-person trial. Just like the name suggests, the defendant and the officer present their case in written form. If the officer does not submit anything, and the case of the defendant is strong enough, the judge can find the defendant "not guilty."

Trial De Novo

Within 20 days of receiving notification from the court that the judge's verdict is "guilty," the defendant can request a Trial De Novo, which is the second of two trials guaranteed by CVC 40902(a)(1). A Trial De Novo is always done in person at traffic court. If the defendant is found guilty at the Trial De Novo, there is usually no way to fight the California traffic ticket any further.

Red Light Camera Tickets in California

California red light camera tickets can be very hard to beat. The video evidence produced by the cameras is usually more than enough to convict most drivers in traffic court. Even in cases where the wrong driver has been given a ticket, the police are often effective at eventually issuing a red light camera ticket to the correct driver. More information on California red light camera tickets can be found here.

There are many rights available to drivers trying to beat their California traffic ticket. The main idea in most of these strategies is to have the ticket dismissed if the officer does not show up or respond, which is favorable for those who have good cases as well as those who don't.

Brown, David Wayne. "Fight Your Ticket and Win in California." Nolo Press (2008).

The copyright of the article Traffic Ticket Defense in California in Law is owned by John Wu. Permission to republish Traffic Ticket Defense in California in print or online must be granted by the author in writing.