How to Keep a Traffic Ticket Off Your Insurance Record

Understanding What Goes on Your Insurance Record

Your insurance record, for practical purposes, is your California DMV driving record. When an insurer evaluates your risk, they pull this record and look for convictions and the associated negligent-operator points. If a traffic ticket does not result in a conviction or if the point is masked through traffic school, it generally will not affect your insurance premium.

The key distinction is between receiving a ticket and being convicted of a ticket. Receiving a citation is simply an accusation. A conviction occurs when you pay the ticket, because a bail forfeiture counts as a conviction (Vehicle Code 13103), or when you plead guilty or are found guilty. If you miss your deadline, the court can decide the case without you (Vehicle Code 40903) and can add a civil assessment of up to $100 (Penal Code 1214.1). A ticket that ends without a conviction adds no conviction or points to your driving record.

Option 1: Contest the Ticket Through Trial by Written Declaration

One way to keep a ticket off your record is for the case to end without a conviction, for example if the judge dismisses it or finds you not guilty. A Trial by Written Declaration (TBWD) under California Vehicle Code Section 40902 allows you to contest the ticket by submitting a written declaration to the court without appearing in person. You usually deposit the bail amount along with your written statement explaining why the ticket should be dismissed (Vehicle Code 40902(b)); courts that offer online trial by declaration through MyCitations generally cannot require bail in advance (Government Code 68645.4).

The citing officer is asked to send a written statement too. If the officer does not, the case may be dismissed, but that is the judge's decision and no result is guaranteed. If the judge finds you not guilty or dismisses the case, your bail deposit is refunded (Vehicle Code 40902(b)). No conviction is recorded and no DMV points are added, so there is nothing on your driving record for an insurer to find.

If the TBWD is not successful, most courts let you request a Trial de Novo, a brand-new in-person trial (Vehicle Code 40902(d)). Courts that offer online trial by written declaration through MyCitations do not allow a new trial; you can appeal instead. A TBWD lets you contest without appearing in court.

Option 2: Attend Traffic School

If you prefer not to contest, attending a DMV-approved traffic school is another option for protecting your insurance rate; after a guilty finding at trial, traffic school is up to the judge. Under California Vehicle Code Section 41501, eligible drivers can attend traffic school to have the DMV point masked on their record. The conviction is kept confidential and no point is counted (Vehicle Code 1808.7), so insurers do not see it.

To be eligible for traffic school, several conditions must be met.

• The violation must be worth no more than one point and must not be a major offense such as DUI, reckless driving or hit-and-run (Vehicle Code 1808.7 and 41501(b)).
• If you hold a commercial driver license (Class A, Class B, or commercial Class C), the court may allow traffic school only if you were driving a vehicle that needed just a Class C or Class M license, and the conviction is not kept confidential (Vehicle Code § 42005(b)).
• Your new violation must not have occurred within 18 months after an earlier violation for which you attended or chose to attend traffic school (California Rules of Court, rule 4.104).
• The court must order or permit traffic school, and that decision is up to the court (Vehicle Code 42005(a)).

Keep in mind that traffic school still requires you to pay the full bail amount plus a $49 fee, a DMV fee and any court traffic assistance fee (Vehicle Code 42007.1), and the traffic school tuition. It keeps the conviction confidential but does not lower what you pay.

Option 3: Correctable Violations (Fix-It Tickets)

If your citation is for a correctable violation, such as expired registration or a broken tail light, the court dismisses it when you correct the problem and submit proof of correction (Vehicle Code 40522). A dismissed violation is not a conviction, so nothing is added to your DMV record for an insurer to find. A ticket for not showing proof of insurance works differently: if you had insurance in effect when you were cited, you can give the court clerk written proof of it, and the charge is dismissed (Vehicle Code 16028(e)).

Check your citation for the words "correctable violation" or a checkbox indicating the violation can be corrected. If present, fix the issue promptly, obtain proof of correction (often a sign-off from a law enforcement officer), and submit it to the court before the deadline along with a $25 transaction fee for each corrected violation (Vehicle Code 40611).

What to Do If You Have Already Been Convicted

If a conviction is already on your record, your options for reducing the insurance impact are more limited but not nonexistent.

1. Compare quotes from other insurers. Each insurer sets its own rates, so prices for the same driving record can differ.
2. Increase your deductibles to lower your premium, offsetting some of the increase.
3. Maintain a clean record going forward. The DMV discloses one-point convictions for 3 years from the violation date and two-point convictions for 7 years (10 years for DUI) (Vehicle Code 1808(b)). For the Good Driver Discount, insurers look at the past 3 years, and a single one-point violation does not by itself disqualify you (Insurance Code 1861.025).

Act Early

If you plan to contest, act as soon as you receive the citation. The earlier you start the contest process, the more time you have to prepare your arguments and meet all court deadlines. Waiting until the last minute reduces your options and increases the risk of missing a deadline, which can lead to the court deciding the case without you and to added penalties.

TicketClear helps you prepare a Trial by Written Declaration quickly, so you can file it yourself before your deadline. Whether the ticket is dismissed is the judge's decision, and no result is guaranteed.

Learn what happens after a Trial by Written Declaration. What Happens After a TBWD? →

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