The number of traffic citations is increasing for a variety of reasons. The roadways are becoming more crowded, drivers are seemingly more distracted and municipalities are encouraging greater enforcement as an additional source of revenue. Rather than automatically paying the fine, which means you are pleading guilty, you may wish to consider fighting your ticket.

The Nature of the Ticket

Traffic charges are most commonly classified as infractions, however, more serious violations result in misdemeanor or even felony charges. If you have been cited for a misdemeanor or felony, you must appear in court and should seriously consider retaining an Orange County traffic ticket attorney to represent you. If your ticket is an infraction for a moving violation such as speeding, for example, you have two options if you choose to fight the ticket; a court trial or a trial by written declaration.

Court Trial

For a court trial, you will need to reserve a date with a judge, which can be done online from the Superior Court of Orange County’s website. To prepare, there are self-help centers at three of the county facilities: the Central Justice Center, the North Justice Center and the Superior Court Service Center. Although the regular traffic court division hours are Monday – Friday from 8:00am – 4:00pm, there are night court options as follows:

• First Tuesday of each month from 4:00pm 6:00pm at the Harbor Justice Center in Newport Beach and the North Justice Center in Fullerton
• Third Tuesday of each month from 4:00pm 6:00pm at the West Justice Center in Westminster and the Central Justice Center in Santa Ana

Trial by Written Declaration

California law also allows you the option of not appearing in court by submitting a defense in writing. Using the proper court form, TR-205, you state your version of the facts and provide a legal explanation as to why you do not deserve the ticket, or why the violation should be reduced to a lesser charge or why the amount of the fine and fees should be reduced. Despite the obvious convenience that a trial by written declaration provides over appearing in court, you are required to pay the fine/bail amount for the ticket when you file your Declaration. You, of course, receive this back if you prevail in your case. Typically, a Notice of Decision will follow between 30 -45 days after submission of your documents. If you are dissatisfied with the results, you may request a new trial. This Trial de Novo, as it is called, must be requested within 20 days of the mailing of the decision and is a court trial.