How to Fight a Traffic Ticket in California (and When to Pay Instead)

Getting a traffic ticket can be stressful, but it doesn’t mean you should just pay the fine. It’s your right to contest the charges. In many cases, you can even do it without going to court. 

Not sure which legal option is right for you? Here’s how to fight a traffic ticket in California—and when you should just pay it instead. 

5 Ways to Fight a Traffic Ticket

Even experienced drivers can be wrongly accused of traffic offenses, from speeding or running a red light to unsafe lane changes. 

With proper evidence, you may get your ticket dismissed or at least have the charges reduced, resulting in lesser penalties. 

Let’s break down the legal options for fighting a traffic ticket in California. 

1. Request a Trial by Written Declaration 

When you get a traffic ticket, one way to address it is to request a trial by written declaration. This is a legal procedure for contesting a traffic ticket in writing rather than appearing in court. Basically, you’ll submit a written statement and supporting evidence to the judge in charge of your case. 

In California, this option is available to drivers cited for traffic infractions, such as red light camera violations. It’s particularly suitable if your case relies on visual or written evidence like dashcam footage, GPS data, or speed camera images. 

Pros 

• You don’t have to appear in court.
• If you lose, you can request an in-person trial and start all over.
• The court may dismiss your ticket if the police officer doesn’t respond.

Cons 

• You waive your right to confront the police officer who issued your ticket.
• Some cases may benefit more from live testimony.
• The legal process is slow and can take several months.

How to Request a Trial by Written Declaration 

First, review the courtesy notice received from the court handling your case. If you’re eligible for a trial by written declaration, it should be listed there. Alternatively, contact the court to confirm your options. 

Next, follow these steps:

1. Fill out Form TR-205 to request a trial by written declaration in California.
2. Prepare a written statement (which must go under “Declaration of Facts” on the back of Form TR-205) and relevant evidence before the due date on your citation. 
3. Pay the fine and court fees (full bail) associated with your ticket. 
4. Submit Form TR-205 along with supporting evidence to the clerk’s office. 
5. Wait for the court’s decision. 

The judge will review your documents and the officer’s statement. Once a decision is made, you’ll receive a notice of ruling by mail.

If the verdict is in your favor, the court will refund your bail and dismiss the ticket. If you’re found guilty, you may need to pay additional fees—or you can request a new trial (Trial de Novo via Form TR-220) to contest the decision. 

Tip: Many people also opt to use time as an advantage. You can for 30–60 day extensions, then do Trial by Written Declaration (TBWD) first, then a new trial if needed. The delay raises the odds that the officer won’t appear or won’t recall details well if you end up in court.

“If you get the ticket, that’s fine. Don’t panic. We recommend fighting all tickets because it’s your constitutional right to make the officer prove all facts – not to just ‘accept’ whatever the officer says is true. We will usually recommend fighting the ticket via trial by declaration.” – Scott Adrian, lawyer at Fight All Tickets

2. Fight the Ticket in Court Yourself

You can also choose to appear in court to contest your ticket. If you go this route and the issuing officer doesn’t show up at the trial, the judge may dismiss your case. This is by no means guaranteed, though, and you shouldn’t count on it. 

A court trial can be costly and nerve-wracking, so it’s best reserved for complex cases where:

• The law is open to interpretation (e.g., whether your speed was safe for the conditions).
• The consequences are significant (e.g., you risk jail time or license suspension).
• You have reasonable evidence or reason to believe your ticket might be dismissed.

Suppose you were caught speeding 20 miles per hour over the limit. In that case, it’s better to request traffic school or a trial by the written declaration rather than appear in court. But if you were clocked at 110 mph and risk losing your license, going to court makes far more sense.

Pros 

• You can present witnesses and confront the issuing officer. 
• You can respond to questions and defend yourself.
• You may submit visual evidence and explain how it supports your case.

Cons

• Stressful environment.
• May require multiple appearances.
• Could work against you if you don’t have a good defense.

How much is that speeding ticket going to cost you? Try our California speeding ticket calculator.

How to Fight a Traffic Ticket in Court

Check the due date on your ticket, then choose one of the following options: 

• Appear for arraignment: This is your initial court hearing where you’ll hear the charges and enter a plea. The judge will inform you when your trial will take place.
• Visit the clerk’s office: If you prefer to skip the arraignment, you can schedule a trial date and post bail directly with the clerk. Depending on the court, you’ll enter your plea online, in person, or by mail. 

In either case, take action by the due date listed on your citation or courtesy notice. If you miss the deadline, you could be charged with failure to appear and face harsher penalties. 

Here’s what to do next:

1. Review the ticket for accuracy: If your ticket contains incorrect identifying details—such as the wrong vehicle make, model, or color—it may be grounds for dismissal.
2. Research the Vehicle Code(s): The ticket should also state the exact vehicle code you’re accused of violating. Look up the full text of the law, and break it down to determine how it applies to your situation. For example, if you’re cited for an “unsafe” movement, you may be able to argue that the officer made an incorrect judgment and your move was, in fact, safe.
3. Gather evidence: Collect evidence in your favor, such as traffic camera footage and witness statements. Find out whether any devices (e.g., radar guns) were used to determine that you violated the law, and research how they function—along with possible defenses against their use as evidence.
4. Build a strong defense: Once you’ve gathered evidence, put everything together and prepare your defense. For instance, you could argue that you broke the law in order to avoid greater harm, such as swerving to avoid hitting a pedestrian who jumped in front of your car.
5. Present your case: Appear in court on time and present your version of the events along with any supporting evidence. Stick to short, factual statements, focusing on what you can prove. 
6. Await the ruling: If the court finds you not guilty, your bail will be refunded and the ticket dismissed. If the ruling goes against you, the judge will explain the penalties. You also have the option to appeal to the Appellate Division of the Superior Court.

Read more: What to Wear to Traffic Court (and What NOT to Wear)

We recommend delaying the trial date if the court allows it. This gives you more time to prepare your case and increases the likelihood that the officer won’t be able to recall details when questioned.

3. Hire a Traffic Attorney to Represent You

Depending on what you are charged with, consider hiring a traffic attorney to handle your case and represent you in court. A legal professional can uncover key evidence, spot procedural errors, and build a stronger defense than most individuals could on their own.

These services can be costly, so they’re typically worth considering only for complex cases, out-of-state violations, or multiple charges. Before deciding, weigh the legal fees against the fine and penalties you are facing. 

Pros 

• You may have higher chances of winning.
• You’ll gain a better understanding of the legal process.
• You may no longer need to go to court yourself.

Cons 

• Traffic lawyers can be costly.
• No guaranteed outcome.

How to Hire a Traffic Attorney 

Finding a good traffic lawyer takes some legwork. Follow the steps below to make sure you hire the right person:

1. Ask around: Your family and friends may know a traffic lawyer who can handle your case, so ask about it. 
2. Go online: Visit legal directories like HG.org, Nolo, Justia, FindLaw, or Avvo to research and compare traffic attorneys. Another valuable resource is the State Bar of California, which lets you look up lawyers by name, city, state, legal specialty, and other criteria. 
3. Read customer reviews: Browse online directories like Yelp and Google Maps to see how other customers feel about the law firms on your list. If your city or county has a local Facebook group, ask whether anyone has experience with the lawyers you’re considering. 
4. Reach out to an attorney: Once you’ve chosen a lawyer, contact them to discuss your case and decide on the next steps. 

Make sure you ask about their experience with cases like yours.

4. File a Motion to Dismiss 

If you suspect a legal or procedural issue in your case, you may file a motion to dismiss. This process involves making a formal request to the court to drop the charges based on specific grounds, such as a traffic ticket with missing or inaccurate information. 

Pros 

• Have your ticket dismissed without going to trial.
• Simple, straightforward process.

Cons 

• Only applies in specific cases.
• Requires a good knowledge of the legal system and traffic laws.

How to File a Motion to Dismiss

Contact the court to ask about the specific procedure for filing motions. In general, the process involves the following steps:

1. Identify the legal or procedural error.
2. Draft a formal motion outlining the grounds for dismissal.
3. Include supporting evidence (e.g., a copy of your vehicle’s registration).
4. File your completed motion and evidence with the court clerk.
5. Attend a hearing (if required) and present your argument.

If you choose to file a motion to dismiss, act by the due date listed on your ticket. Some courts require a specific form, such as a “Notice of Motion,” which you can usually find online or at the clerk’s office.

5. Go to Traffic School 

Consider attending traffic school if you’re charged with a one-point violation like tailgating, illegal passing, or disobeying traffic signals. This training program can be completed online or in person no more than once every 18 months. You can opt to do this as soon as you get your ticket, or after an unsuccessful trial by written declaration or trial.

With this option, you plead guilty, pay your fine, pay a traffic school administrative fee, and attend a traffic school of your choice. Upon course completion, the point tied to your ticket will be masked from your DMV record, making it invisible to insurance providers and other third parties. As a result, it won’t affect your insurance rates. Traffic school is a simple, inexpensive, and effective option. If you take an online course, you can finish in less than three hours.

Pros 

• Quick, easy, and convenient.
• Inexpensive, especially compared to insurance rate increases.
• Keeps points off your license.

Cons 

• You still pay the fine plus a traffic school administrative fee.
• Available only for minor, one-point violations.

Read: Is Traffic School Worth It?

How to Take Traffic School

First, review your courtesy notice to check if traffic school is an option. Better yet, confirm your traffic school eligibility with the court before going any further. 

If the violation qualifies for traffic school, take these steps to start and complete the course:

1. Pay the fine: Plead guilty to the violation, then pay the fine and traffic school administrative fee.
2. Find a course provider: Search for course providers licensed by the California Department of Motor Vehicles (DMV). Check the DMV’s list of approved traffic schools, then research and compare the ones you’re considering.
3. Select a course format: Decide whether you want to study online or in a classroom setting. Online classes offer the most flexibility, take the least amount of time, and often cost less than other options.
4. Take the course: Read (or listen to) the lessons until you have a good understanding of the material. Test your knowledge with short quizzes, then take a 25-question final exam. At Best Online Traffic School, 99.9% of students pass on their first try—but if you don’t, you can retake the exam for free. 
5. Submit your certificate to the DMV: After you finish traffic school, the course provider will submit a digital certificate of completion to the DMV. The court then retrieves the certificate from the DMV to update your case status. If you attend traffic school for an out-of-state ticket, you’ll need to mail a physical copy to the court handling your case. 
6. Follow up with the court: You’re legally responsible for confirming that your traffic school completion has been processed, so check your case status with the court.

Depending on the jurisdiction, you may have 60 to 90 days to complete traffic school. If, for some reason, you can’t finish by the due date, contact the court as soon as possible to request a traffic school extension. 

Is It Worth Fighting a Traffic Ticket in California?

The decision to fight a traffic ticket makes sense in some cases but not others. Consider the severity of your offense, the potential penalties, the costs involved, and your current point count. 

That said, let’s compare the options discussed above to help you make the right choice:

Let’s say you get a red light camera ticket. The simplest way to handle it is by attending traffic school. However, it may be worth fighting the ticket if:

• You’re close to license suspension and can’t afford to accumulate more points. 
• You face multiple charges, such as running a red light and speeding, which could lead to harsher penalties. 
• You’re sure the ticket was issued in error (the light was yellow when you entered the intersection) – and you can prove it.
• It wasn’t you in the red light camera photo. In this case, you can do a trial by written declaration or fill out an “affidavit of non-liability” with the court.

Once you’ve made a decision, think about how you want to go about it. For example, if you have strong evidence that your red light ticket was issued in error, it may be better to fight it.

What to Do When You Get a Traffic Ticket: Step-by-Step

Now that you understand how and when to fight a traffic ticket, let’s talk about what to do after receiving one. The key is to stay organized, act before the deadline, and choose a path that’s best for your wallet—and your driving record. Here’s what to do step by step.

1. Write everything down: As soon as the officer leaves, write down every detail you can remember about the incident. Make sure you include the time, date, and location of the stop. 
2. Read the ticket carefully: Check the violation code, location, date, and officer’s notes for errors. Any inconsistencies might help your case later. 
3. Note the deadline: In California, the due date for paying your fine or contesting the charge is listed at the bottom of the ticket. Write it down or save it to your phone so you don’t miss your window to act. (See How to Check the Due Date on a Speeding Ticket in California.)
4. Review your driving record: Request a copy of your California driving record from the DMV to see how many points you already have. This information can help you decide whether you’ll fight the ticket or take traffic school. 
5. Wait for the courtesy notice: The court will mail you a formal letter within two to four weeks of receiving your ticket. This document outlines your legal options, including how to contest the citation or request traffic school and the bail amount (if applicable).
6. Buy yourself some time: After you receive the courtesy notice, consider asking the court for an extension to pay the fine or contest the ticket. For example, the Superior Court of Marin may grant you a 30-day extension. Use this extra time to decide on the next steps.
7. Research your options: Review your courtesy notice, then contact the court to confirm your violation is eligible for traffic school, dismissal on technical grounds, or whatever option you’re considering. After that, weigh the pros and cons of each option or reach out to a traffic attorney to help you decide. 
8. Choose a course of action: Request traffic school or take the steps to contest the citation by the due date listed on your ticket. Alternatively, wait until your arraignment to decide how you plead. 
9. Post bail if required: Depending on the court, you may need to pay the fine upfront (bail) before proceeding with a trial by written declaration or scheduling an in-person trial. 
10. Get your paperwork in order: Prepare and submit all the necessary documents before the deadline. Be sure to make copies of your citation, completed legal forms, and payment receipts for your records. 
11. Follow through to closure: Keep in touch with the court until your case is resolved. For instance, if you complete traffic school, confirm that your certificate has been received. 

No matter what option you choose, respond by the due date on your ticket. If, say, you decide to attend traffic school but can’t afford to pay the fine in full, you may ask the court for a fine reduction. 

Considering Traffic School? Why Choose Best Online Traffic School

Traffic school is often the fastest and least stressful way to deal with a traffic ticket. Just make sure you choose a DMV-approved traffic school course that fits your schedule and learning style. 

At Best Online Traffic School, we’re committed to offering a seamless learning experience at a price you can afford. Our self-paced traffic safety course is accredited by the DMV and accepted by all state courts, making it easier to keep points off your record.  

Our students have access to engaging learning materials, practice tests, and extra perks like:

✅ Free audio read-along in English, Spanish, and Chinese 
✅ Automatic progress tracking 
✅ Interactive lessons followed by practice quizzes 
✅ Unlimited exam attempts
✅ Live chat support around the clock
✅ Same-day certificate submission to the DMV and court
✅ Free digital certificate for your records 

Plus, Best Online Traffic School is easy – 99.9% of our students pass on the first try.

Don’t let a traffic ticket affect your driving record or insurance rates. Start traffic school for FREE today. 

FAQs about How to Fight a Traffic Ticket in California

What else would you like to know about fighting a traffic ticket in California? Below are the answers to some of the most common questions we receive from our students.