How to Get a Traffic Ticket Dismissed in California Without Going to Court
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Receiving a traffic ticket in California can be frustrating and expensive. Not only do you face fines, but your insurance rates could increase, and points might be added to your driving record. The good news is that fighting a traffic ticket doesn’t necessarily mean appearing in court. California offers an alternative method called Trial by Written Declaration, which allows drivers to contest their tickets remotely. This process can save you time and effort while potentially getting your ticket dismissed without ever stepping into a courtroom.
In this article, we’ll walk you through how to fight a traffic ticket without going to court, explain the benefits of Trial by Written Declaration, and share some key tips to improve your chances of success.
Understanding Trial by Written Declaration
Trial by Written Declaration is a legal process in California that allows drivers to contest a traffic ticket by submitting a written statement instead of appearing in court. This method is available for most infraction-level tickets, such as speeding, running a red light, or failing to stop at a stop sign.
The process is relatively straightforward: you submit a written statement explaining why the ticket should be dismissed, and the citing officer also has the opportunity to submit their own written testimony. A judge will then review both statements and decide the outcome of the case.
If the judge dismisses your ticket, you avoid fines, points on your record, and insurance rate hikes. If the judge rules against you, you still have the option to request an in-person trial for a second chance at fighting the ticket.
Steps to Fight a Ticket Without Going to Court
- Check Your Eligibility
Not all traffic violations qualify for a Trial by Written Declaration. Generally, this option is only available for infractions (non-criminal violations). Serious offenses like DUI, reckless driving, or cases requiring a court appearance cannot be contested this way. You can check your eligibility by reviewing the ticket details or visiting the California court website.
- Request a Trial by Written Declaration
To start the process, you must submit Form TR-205 (Request for Trial by Written Declaration) to the court handling your case. This form is available online or at the courthouse listed on your citation. Ensure that you:
- Submit the request before the deadline stated on your ticket.
- Pay the full bail amount (ticket fine) upfront. If you win, this amount will be refunded.
- Prepare Your Written Statement
Your written statement is your opportunity to explain why your ticket should be dismissed. Some common defense strategies include:
- Incorrect or missing details – If the officer made errors in the citation (wrong license plate number, incorrect violation code, or incorrect location), you may argue that the ticket is invalid.
- Faulty equipment – If radar or speed detection devices were used, you can question their accuracy, especially if they were not recently calibrated.
- Obstructed traffic signs – If a stop sign or speed limit sign was hidden by trees or other obstacles, you might argue that you could not reasonably follow the law.
- Emergency situations – If you had a valid emergency reason for violating the law, you can explain your circumstances.
- Gather Supporting Evidence
Strengthen your case with supporting materials, such as:
- Photos or videos of the traffic scene (e.g., blocked traffic signs, poor visibility).
- Witness statements from passengers or bystanders.
- Documents proving your defense, such as calibration records for speed detection devices (if available).
- Submit Your Declaration
Once you have your written statement and supporting evidence, submit them to the court before the deadline. Some courts allow online submission, while others may require mail-in documents. Double-check that all forms are properly filled out to avoid delays.
- Wait for the Judge’s Decision
After submission, the court will review both your statement and the officer’s report. This process typically takes several weeks. You will receive a notice in the mail with the judge’s decision.
- If your case is dismissed, you’ll get a refund of your bail amount, and no points will be added to your driving record.
- If your case is not dismissed, you can still request a new trial (Trial de Novo), where you’ll have the opportunity to present your case in person.
Advantages of Using Trial by Written Declaration
- No Court Appearance Required
This process is ideal for busy individuals who don’t want to take time off work or travel to court. Everything is handled remotely.
- Higher Chance of Dismissal
If the officer fails to submit their own written statement, the court may automatically dismiss your ticket. This happens more often than you might expect.
- No Risk of Additional Penalties
Unlike attending court, where a judge might impose additional fines or penalties, Trial by Written Declaration carries no extra risks.
- Second Chance If Denied
If you don’t win, you can still request an in-person trial, giving you another opportunity to contest the ticket.
Conclusion
Fighting a traffic ticket in California doesn’t have to mean taking a day off work and standing in front of a judge. Trial by Written Declaration offers a convenient, remote way to contest your ticket while increasing your chances of dismissal. By preparing a strong written statement, providing evidence, and following the proper legal steps, you can potentially avoid fines, points on your record, and increased insurance costs.
If you’re unsure about handling the process on your own, services like GetDismissed can assist in preparing a compelling case on your behalf, making the process even easier. Instead of simply paying your ticket, consider taking advantage of this option and fighting for a dismissal—without ever stepping into a courtroom.
Steve has been leading the fight against traffic tickets for over 22 years and is the CEO/President of GetDismissed, a service that empowers California drivers with traffic tickets to fight back without going to court. As a thought leader and business entrepreneur, Steve has also been featured on TV, Radio, Print, and Online as a traffic ticket expert talking about such subjects as distracted driving, contesting traffic tickets, traffic ticket myths, traffic ticket tips, traffic law, and more. Steve is a published author, releasing his first book in 2011, and now has four books regarding fighting traffic tickets which can be found on Amazon. Read More…
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Photograph your ticket & license.
*If you don’t have your ticket handy, it’s okay — you can still start the process and just add it later!
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Provide info through guided questions.
*Be sure to quickly add as many notes about the stop as you can so you don’t leave out any important details!
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Sign & send your defense to court.
*We will send you a completed packet for the court that just needs your signature and a stamp!
What Types of Tickets Do We Help With?
GetDismissed produces results in fighting all kinds of tickets. Unfortunately, this list does not include exhibition of speed citations. Your best bet in fighting one of these infractions, is to contact an attorney. An attorney can negotiate on your behalf to try and reduce fines, or even to reduce the charges to a lesser infraction which could possibly qualify for traffic school.
We do however, contest infractions revolving around speeding, red lights, red light cameras, cell phones, signs (primarily stop signs), carpool violations, U-turns, out of lane violations, and commercial violations. If you receive a citation and have questions, contact us today.
