Can't Afford Your Traffic Ticket? California Ability to Pay Options

What an Ability to Pay Request Is

If you can't afford a traffic fine, you can ask the court to look at your finances. The California Courts self-help guide calls this an ability to pay determination: the court may lower the fine, give you more time to pay, set up a payment plan, or let you do community service instead of paying. It is for traffic tickets and other infractions; form TR-320 says it is not for parking tickets or misdemeanors.

Step-by-step instructions for the MyCitations tool. How to Use MyCitations →

It is not a way to contest the ticket. Form TR-320 says not to use it to tell the court you did nothing wrong, and the California Courts MyCitations guide says that once you ask for a lower fine, you cannot later fight the ticket in court or fix a fix-it ticket. If you believe you are not guilty, the guide says to fix or fight the ticket before asking for a reduction.

Available in All 58 Counties

Online requests go through MyCitations, the California courts' online traffic tool. The Judicial Council's MyCitations program page says ability to pay requests can be made through MyCitations in all 58 California superior courts, and the California Courts Newsroom reported on July 16, 2024 that the tool was available in all 58 counties. Government Code 68645.2 required every court to offer online ability to pay requests by June 30, 2024.

MyCitations also has an online trial by declaration feature, but that one is offered only in select courts. The ability to pay tool does not depend on it.

Start an online request (choose Request a Fine Reduction): MyCitations ↗

Two Ways to Ask

1. Online with MyCitations: you answer questions about your income and expenses, can upload proof of your finances, and get the court's decision by email.
2. On paper with form TR-320 (Can't Afford to Pay Fine: Traffic and Other Infractions): mail it or take it to the court listed on your ticket, or ask the court whether it accepts the form electronically. A judge reviews it and mails a decision. You can use the form even if your fine has been sent to collections, with one form for each fine.

Get the form and its instructions from the California Courts: Form TR-320 ↗

If your finances change after a decision, you can ask again, with the same form or through MyCitations.

What the Court Asks About

Neither the California Courts self-help guide nor form TR-320 sets an income limit; the court decides each request from what you tell it. The law says the person asking has to show they cannot pay, and that courts must consider at least whether you receive certain public benefits and whether your monthly income is 125% or less of the federal poverty guidelines (Government Code 68645.2). To use MyCitations, the self-help guide says to have ready:

• An email address for messages from the court.
• Your ticket (citation) number, court case number, or driver's license or ID number.
• Your total monthly income, adding up the income of everyone who helps pay your household bills.
• A list of your monthly expenses, like rent, food and transportation.
• The number of people in your home that the income supports.
• Proof of any public benefits, like CalFresh, Medi-Cal or SSI. If you get CalFresh, the CalFresh Confirm tool in MyCitations can share proof with the court.

Form TR-320 asks similar questions: whether you get public benefits (it lists programs such as CalFresh, Medi-Cal, SSI, CalWORKs and unemployment compensation), how much money you take home and how many people it supports, and whether paying the fine would leave you without enough for rent or other basic living expenses. You can attach proof such as an EBT card, pay stubs or bills.

The same law sets what the online tool recommends: a reduction of 50% or more for people who receive those public benefits, and payments of no more than $25 a month for people who qualify for a reduction and ask for a payment plan. The judge still decides each request. You do not have to pay bail or any fines or fees before the court decides, and a court cannot charge an administrative fee for the request (Government Code 68645.2).

Before You Ask

• You will be asked to enter a plea as part of an online ability to pay request. On paper, if your case has not been decided yet, form TR-320 has you plead guilty or no contest, and it says the conviction is reported to the DMV.
• After you ask for a lower fine, you cannot later fight the ticket in court or fix a fix-it ticket.
• If you want traffic school, ask for it before you request a fine reduction. You may be able to request it within your MyCitations request; form TR-320 cannot be used to sign up for traffic school.
• If you are unsure, contact the court before using MyCitations.

Camera Notices Are Different

AB 645 speed camera notices and SB 720 civil red light notices come from a city or county agency, not the court, so you ask that agency for a reduction. The law requires those agencies to reduce penalties by 80% for people who are indigent and by 50% for people with incomes up to 250% of the federal poverty level (Vehicle Code 22429 and 21455.9(l)(3)). For people who qualify as indigent, AB 645 cities must also offer payment plans and a community service option (Vehicle Code 22429(a)-(b)). The notice explains how to ask.

Not sure which kind of camera ticket you have? Camera Ticket or Court Ticket? How to Tell →

If You Want to Contest Instead

Asking for a lower fine and contesting the ticket are separate choices, and the self-help guide says to contest first if you believe you are not guilty. For a court citation, a trial by written declaration lets you contest in writing (Vehicle Code 40902). You usually deposit the bail when you file; courts that offer online trial by declaration through MyCitations generally cannot require bail in advance (Government Code 68645.4). If you are found not guilty, any bail you paid is refunded. If you are found guilty, you can then ask the court to look at your ability to pay.

Learn how a trial by written declaration works. Trial by Written Declaration Guide →

TicketClear prepares trial by written declaration documents from your answers. It does not file ability to pay requests for you. TicketClear is not a law firm and does not give legal advice.