How to Fight a Speeding Ticket in California

Understanding Your CVC 22350 Speeding Ticket

If you have received a speeding ticket in California, you are facing a citation under one of several Vehicle Code sections. The most common are CVC 22350 (Basic Speed Law, which applies when driving faster than is safe for conditions) and CVC 22349(a) (Speed Over 65 MPH on certain highways).

Your citation will list the specific violation, the location, the alleged speed, and the posted speed limit. It will also include a due date by which you must either pay the fine, request a court date, or take other action. Understanding these details is the first step in deciding how to respond.

Speeding tickets in California carry both a fine and points on your DMV driving record. The fine can be substantial once penalty assessments are added, and the DMV points can lead to increased insurance premiums for several years. For these reasons, many drivers consider contesting their ticket rather than simply paying it.

Options for Contesting Your Ticket

California drivers have several options for contesting a speeding ticket. The right choice depends on your circumstances, the strength of your defense, and practical factors like your schedule.

• Trial by Written Declaration (TBWD): Contest your ticket in writing without going to court.
• In-person court appearance: Present your case to a judge at a scheduled hearing.
• Traffic school: In some cases, you may be eligible to attend traffic school to mask the point on your record (though this requires paying the fine).
• Hire an attorney: A traffic attorney can represent you in court or advise you on the best approach.

Learn about Trial by Written Declaration. What Is Trial by Written Declaration? →

Common Defenses for Speeding Tickets

Several defenses are commonly used when contesting speeding tickets in California. The applicability of each defense depends on the specific facts of your case and the violation code you were cited under.

• Speed survey defense: Under VC 40802, speed traps may be considered invalid if the speed limit was not set based on a current engineering and traffic survey.
• Radar/lidar calibration: If the speed measurement device was not properly calibrated, the speed reading may be inaccurate.
• Officer’s vantage point: The officer’s ability to accurately observe your speed from their position may be questioned.
• Emergency circumstances: If you were speeding due to a genuine emergency, this may be a valid defense.
• Mistaken identity: In heavy traffic, the officer may have cited the wrong vehicle.

Not every defense applies in every case. Consider the specific circumstances of your citation when evaluating which defenses might be relevant. Consulting with a licensed attorney can help you assess the strength of potential defenses.

The TBWD Option

The Trial by Written Declaration process under California Vehicle Code Section 40902 is a popular option for contesting speeding tickets. You submit a written statement along with a bail deposit, and a judge reviews your case without requiring you to appear in court.

The TBWD process offers several advantages for speeding tickets specifically. You can take time to research the speed survey for the location, request calibration records for the speed measurement device, and compose a thorough written argument. If the citing officer does not submit their statement, the case may be dismissed.

If the judge rules against your written declaration, you have 20 days to request a Trial de Novo for a new in-person hearing. This means TBWD gives you two chances to have your case heard.

What Happens If You Do Nothing

Ignoring a speeding ticket in California can lead to serious consequences. If you do not respond by the due date on your citation, the court may take several actions that make your situation significantly worse.

• A civil assessment of up to $300 may be added to your fine.
• A failure to appear (FTA) may be reported to the DMV, which can result in a hold on your driver’s license.
• The court may refer your unpaid fine to a collections agency.
• Your driver’s license renewal may be blocked until the matter is resolved.
• A warrant may be issued in some cases.

Understand California traffic ticket fines. California Traffic Ticket Fines in 2026 →