How to Fight a Speeding Ticket

How to Fight a speeding ticket - If you were pulled over for a speeding ticket and you have decided to fight the speeding ticket, you are wondering what are my options. Actually, one of the most common questions we get is "How to fight a speeding ticket?" Well, in California there are two options to fight a speeding ticket:

1. Court trial - 

   What is a court trial for a traffic ticket?
   For traffic ticket infractions, instead of a jury a judicial officer will review the case and issue a verdict. You may choose to hire an attorney to represent you for your court case or you may choose to appear on your own without an attorney. At the court trial, the police officer will start first and state why he or she gave you the ticket. After the officers testimony, you or your attorney can:

   1- Question the officer who gave you the ticket;
   2- Bring witnesses;
   3- Present evidence; and
   4- Argue the law.

   If you are found not guilty the ticket is dismissed and if you paid the bail before the court trial, the full amount of the bail will be refunded to you by mail. If the ticket is not dismissed because you are found guilty and you paid the bail before the court trial, the court will apply the bail money to the fine. If the fine for the ticket is less than the bail deposit, the court will refund any remaining balance to you by mail. If the fine amount is more than the bail deposit, you will have to pay the balance due or if you cannot afford the fine then you may request community service, a payment plan, or a reduction of the fine based on inability to pay.

   If you still want to continue to contest the ticket and you disagree with the court’s decision, you have the option to file an appeal.

2. Trial by Written Declaration - 

   What is a trial by written declaration?
   According to California Vehicle Code section 40902 a defendant may choose challenge traffic infraction citations in writing, without appearance in person at traffic court. This procedure is called a "trial by written declaration." Trials by written declaration are allowed for infraction violations of the Vehicle Code or of local ordinances that are adopted under the Vehicle Code.

   Who is eligible for a trial by written declaration?
   If a person is charged with a traffic violation infraction or a violation of a local ordinance adopted under the Vehicle Code, then the person may choose a trial by written declaration. However, a trial by written declaration is not allowed if the issued ticket is for an offense involving alcohol or drugs or the violation requires a mandatory appearance in court.

   There are additional eligibility requirements which include the following:

   1- You were issued a ticket for infraction violations only;
   2- The due date to take care of your ticket has not passed; and
   3- Your ticket or courtesy notice does not say that you must appear in court.

   Is payment of bail required for a trial by written declaration?
   Yes. Vehicle Code section 40902 requires that the bail amount be deposited in order to have a trial by written declaration. Deposit of bail is the choice you make for the convenience of not having to travel and appear in court to resolve your traffic ticket. Court trials usually may take half a day.

   What happens in a trial by written declaration?
   Selecting trial by written declaration means that instead of appearing in traffic court to fight the ticket, you and the citing officer file written statements and any evidence to the traffic court.

   What would be considered as evidence for a trial by written declaration?

   The "Notice to Appear" or traffic ticket;
   Business records or receipts;
   Sworn declaration of the citing officer;
   Written statement or letter signed by the defendant; and/or
   Any written statements or letters signed by witnesses.