How to Contest a Red Light Camera Court Citation by Written Declaration
Reviewed by the TicketClear teamLast reviewed
This guide is for a court citation: a red light camera ticket that names a superior court and cites Vehicle Code 21453. You can contest it in writing, without going to court, by Trial by Written Declaration (Vehicle Code 40902). Request it by the due date on your notice. If your notice came from a city or county under SB 720, or only asks who was driving, it is handled differently.
Not sure which kind of red light notice you have? Which Red Light Camera Notice Did You Get? →
Whether these tickets are legal, and whether each kind must be paid: Are Red Light Camera Tickets Legal? Must You Pay? →
What Should You Know About Your Red Light Camera Notice?
If you receive a red light camera citation in the mail, the first step is to carefully review all of the information included with the notice. The citation should contain photographs and possibly video of the alleged violation, showing your vehicle in the intersection after the traffic signal turned red.
Pay close attention to the date, time, and intersection identified on the citation. Also note the deadline for responding and the options available to you, which are typically listed on the notice itself or on an accompanying information sheet.
Many drivers find it helpful to view the photographs or video evidence online, as most red light camera programs provide a website where you can review the evidence using a citation number or access code printed on your notice.
How Do You Contest a Red Light Camera Ticket in California?
Contesting a red light camera ticket in California typically involves requesting a hearing or submitting a written contest. The specific process depends on the jurisdiction that issued the citation.
- Review the evidence provided with your citation, including all photographs and video.
- Identify your grounds for contesting the citation based on the evidence and circumstances.
- File a request to contest by the deadline indicated on your notice.
- Prepare your written statement or gather materials for your hearing.
- Submit your contest or appear at your scheduled hearing.
- Wait for the decision, which will be communicated to you in writing.
What Are Common Grounds to Contest a Red Light Camera Ticket?
Several arguments are commonly raised when contesting red light camera tickets. Whether each one applies depends on the specific facts of your situation. Consider consulting with a licensed attorney to evaluate which arguments may be strongest in your case.
Right Turn on Red
In California, a right turn on red is generally legal after coming to a complete stop, unless a sign prohibits it. If you received a red light camera citation for making a right turn, you may be able to argue that you made a legal right turn. Review the photographs to determine whether the images show that you came to a complete stop before turning.
Yellow Light Timing
California has minimum yellow light timing standards established by Caltrans. If the yellow light interval at the intersection was shorter than the required minimum, this could be a valid reason to contest the ticket. You can request the traffic signal timing records from the city or the entity that manages the intersection.
Not the Driver (Court Citations)
A traditional red light camera citation (Vehicle Code 21455.5) is a court case. It comes with an affidavit of nonliability and information on when it applies (Vehicle Code 40520), and the registered owner can review the photos. If you were not driving, follow the instructions on your notice, which explain how to raise it in court or in your Trial by Written Declaration. An SB 720 civil notice is different: it is issued to the registered owner, and its affidavit of nonliability covers only a vehicle rented or leased from a rental company or through a personal vehicle sharing program (with the agreement) or a stolen vehicle (with a police report), returned within 30 calendar days of the mailing date (Vehicle Code 21455.9).
Learn about the affidavit of nonliability process. Affidavit of Nonliability in California →
How Do You File Your Red Light Camera Contest?
When you are ready to file your contest, follow the specific instructions provided with your citation. Some jurisdictions allow you to file online, while others require mail or in-person submissions. Make sure to file before the deadline to preserve your right to contest.
If you are filing a Trial by Written Declaration, you will need to complete the TR-205 form (Request for Trial by Written Declaration) and include your written statement along with the bail deposit, if your court requires one. If you are requesting an in-person hearing, you will typically need to contact the court to schedule your appearance.
What Happens After You Contest a Red Light Camera Ticket?
After you submit your contest, the reviewing authority or court will evaluate the evidence and your arguments. If you filed a Trial by Written Declaration, a judge will review your written statement alongside the officer’s or agency’s statement and issue a ruling by mail.
If the judge or reviewer rules in your favor, the citation is dismissed and any bail deposit you paid is refunded. If you lose a Trial by Written Declaration on a court citation, most courts let you ask for a new trial (trial de novo) within 20 calendar days after the court mails its decision; courts that offer online trial by declaration through MyCitations do not, and you can appeal instead. If you lose an SB 720 administrative hearing, you can appeal to superior court within 30 days of the final decision.
The timeline for receiving a decision varies, but many cases are resolved within 30 to 90 days of submission. If you have not received a decision after 90 days, consider contacting the court or issuing agency for a status update.
Understand the fines associated with red light camera tickets. Red Light Camera Fines in California →
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Check if my ticket qualifiesFrequently Asked Questions
Yes. If you made a legal right turn on red after coming to a complete stop and no sign prohibited the turn, you may have a valid reason to contest the ticket. Review the photographs or video evidence to see if they show a complete stop.
You can request traffic signal timing records from the city or the agency that manages the intersection. Caltrans establishes minimum yellow light timing standards based on the posted speed limit.
It depends on the kind of notice. A traditional court citation (Vehicle Code 21455.5) comes with an affidavit of nonliability and information on when it applies (Vehicle Code 40520); its instructions explain how to raise that you were not driving. An SB 720 civil notice is issued to the registered owner, and its affidavit covers only a vehicle rented or leased from a rental company or through a personal vehicle sharing program and a stolen vehicle.
Yes, if it is a traditional red light camera ticket: a court citation under Vehicle Code 21455.5 for a Vehicle Code 21453 infraction. Vehicle Code 40902 lets you contest Vehicle Code infractions like this one by written declaration. A civil SB 720 notice from a city or county is not a court case, so you contest it with the issuing agency instead.
If you lose, you pay the fine. For a court citation contested by written declaration, the conviction and DMV points are the same as paying, but the judge can set a fine higher or lower than the bail, and most courts let you ask for a new trial (trial de novo) within 20 calendar days after the court mails its decision; courts that offer online trial by declaration through MyCitations do not, and you can appeal instead. For an SB 720 civil notice, you can appeal the hearing decision to superior court within 30 days.
This article provides general educational information about California traffic law. It is not legal advice. For advice specific to your situation, consult a licensed attorney. TicketClear is not a law firm and does not provide legal representation. Results vary. Every citation is unique.
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