Should I Contest My California Traffic Ticket?

Factors to Consider

Deciding whether to contest a traffic ticket involves weighing several factors. The right decision depends on your specific circumstances, including the type of violation, the fine amount, the potential impact on your driving record and insurance, and the time and effort involved in contesting.

Many drivers automatically pay their tickets without considering the full financial picture. The fine itself is just one component of the total cost. DMV points, insurance premium increases, and potential long-term consequences often make contesting a worthwhile investment of your time.

Taking a few minutes to evaluate your situation before deciding can help you make a more informed choice. Consider the following factors as you think through your options.

When Contesting Makes Sense

For many drivers, contesting a traffic ticket makes financial and practical sense. Here are some situations where the potential benefits of contesting may outweigh the costs.

• The ticket carries DMV points that would affect your insurance rates.
• You have a factual argument, such as issues with signage, road conditions, or the accuracy of the speed measurement.
• For a traditional red light camera court citation (Vehicle Code 21455.5), you were not the driver. AB 645 speed camera and SB 720 civil red light notices go to the registered owner, and the law does not list someone else driving as an exception.
• You are close to the point threshold that could trigger a negligent operator hearing.
• You currently receive a good driver discount on your insurance and want to keep it.
• The total long-term cost (fine plus insurance increases) significantly exceeds the effort of contesting.

When It May Not Be Worth Contesting

While contesting is often worth considering, there are situations where simply paying the fine or pursuing traffic school may be the more practical choice.

• The violation does not carry DMV points (such as some fix-it tickets or camera tickets under AB 645).
• You are eligible for traffic school and this will adequately protect your record.
• You have no factual basis for contesting the violation.
• The fine is minimal and there are no points involved.
• You have already been granted traffic school recently and are not eligible again.

Even in these situations, it may still be worth exploring your options. Some drivers contest tickets even without strong arguments because of the possibility that the citing officer may not respond to the written declaration, which can result in a dismissal.

Understanding the Risks

It is natural to wonder about the risks of contesting a traffic ticket. Contesting is not risk-free.

• If the judge finds you guilty, you have the same conviction and the same DMV points as if you had paid, and your bail deposit is applied to the fine, but the judge can set a fine higher or lower than the bail. Going to trial does not make you ineligible for traffic school, but after a guilty finding it is up to the judge.
• With TBWD, most courts let you ask for a Trial de Novo if the written declaration is unsuccessful, giving you a second chance. Courts that offer online trial by declaration through MyCitations do not; you can appeal instead.
• The bail deposit most courts require when you file a TBWD is refunded if you win.
• Contesting does not create a negative impression with the court. It is your legal right.

Next Steps

If you have decided that contesting your ticket makes sense, here are the steps to get started.

1. Review your citation carefully, noting the violation, fine amount, and due date.
2. Research your options: Trial by Written Declaration, court appearance, or traffic school.
3. If choosing TBWD, gather evidence and prepare your written statement.
4. File your declaration or request a court date before the deadline on your ticket.
5. Consider consulting with a licensed attorney if your case involves complex issues.

Many drivers find that the Trial by Written Declaration process is the best first step because it is convenient, in most courts keeps your right to a Trial de Novo (courts that offer online trial by declaration through MyCitations do not allow one), and avoids the need for a court appearance. TicketClear can help you prepare your declaration efficiently so you can file it yourself.

Learn about Trial by Written Declaration. Contest a California Ticket Without Going to Court →

Understand how tickets affect your insurance. How a Traffic Ticket Affects Your Insurance →