Traffic tickets are the biggest pain for California drivers, especially when you feel you did nothing wrong. That is because we all know that any moving violation will carry heavy consequences such as having to pay an expensive fine and deal with hiked insurance premiums for the next three years. The first thing to look into is how to get this moving violation off your record. So let’s take a look at the options for fighting a traffic ticket in California.
Attending Traffic School
Oftentimes when someone thinks about getting a traffic ticket dismissed, many believe traffic school is the answer. However, every driver should know that attending traffic school only conceals the point from your insurance companies. The traffic ticket fine is a separate issue and you will still need to pay it. And the ticket will still remain on your record for the next 3 years.
Also, traffic school is an option only if these criterias are met:
- You have a valid driver’s license
- The ticket is for a moving violation
- The offense was made in a noncommercial vehicle
- If you have not gone to traffic school for another ticket last 18 months
If you still decide to go to traffic school, you must request permission from the court by the due date on your traffic ticket. If the court approves the request, they will give you a deadline for when you need to complete traffic school. Once completed the course, the traffic school will inform the DMV.
Contesting In Court
If you disagree with the ticket, you have the option to go to court and fight the ticket yourself or hire a lawyer to do so for you. There is a court date listed on the ticket and you or your lawyer can speak in front of a traffic court judge. This means you will need to know what your defense is and explain clearly why you shouldn’t have got the ticket in the first place. If the judge rules in your favor, the ticket could be reduced or dismissed. However, there is no guarantee that the judge will dismiss or lower your traffic ticket. If you’re in the court and you lose, then you will still have to pay the ticket fine, increased insurance rates, court fee and maybe also lawyer costs.
A Trial by Written Declaration
A trial by written declaration is a way to fight your traffic ticket through writing instead of in-person trial. This is the easiest and best way to get a traffic ticket dismissed. For the trial by written declaration, you must use the TR-205 court form, and you have to fill up necessary information such as name, citation number and address. Additionally, you must submit the form along with an explanation of what happened and why your ticket should be dismissed. If your ticket is dismissed, there will be no fines, no points and no court.
Why Choose a Trial by Written Declaration
A trial by written declaration is the most effective option to get a moving violation off your record. Here is why:
- The judge reads written defenses in the privacy of his chambers instead of in the noisy, busy courtroom. Meaning they are often in a better mood and not influenced by the other cases they are overseeing. A judge during an in-person trial may feel they need to make an example of you by denying any request to reduce or dismiss the traffic ticket.
- Unlike appearing in court, a police officer is not incentivized to do written paperwork. Therefore, it is a higher chance the officer will not fill out the paperwork required for a written declaration. If this is the case then your ticket will be dismissed.
- You get more than one chance to get a ticket dismissed. If you decide to fight your ticket through a trial by written declaration and it is unsuccessful, you can still file for retrial or go to traffic school. But go to court and that is it. Whatever the judge decides in the courtroom is the ruling.
We have helped tens of thousands of California drivers get a moving violation dismissed using the trial by written declaration method. Our defense system builds a case for you in writing. All you have to do is tell us what happened, download the documents and send them to court. It is that easy! Call us today: 800-850-8038.