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How to Contest a Traffic Citation in California

If you receive a traffic citation in California, you have several routes: plead guilty and pay the fine, request a trial to contest the citation, or – if convicted and eligible – appeal the decision. The process depends on whether the violation is an infraction or misdemeanor, and which court handles your case.

1. Initial Plea & Response

When you are cited, the first step is to respond by the deadline listed on the citation. You can:

  • Plead Guilty or No Contest and pay the fine (this generally results in a conviction being entered).

  • Plead Not Guilty and request a trial – either in person, by mail, or via a written declaration (for infractions) depending on local rules.
    If you plead not guilty, you should contact the court named on your citation and follow its procedures for scheduling a trial or submitting your plea.

2. Choosing the Right Type of Trial

For many infractions (non-criminal moving violations), California offers a Trial by Written Declaration: you submit your version of events, the officer submits theirs, and a judge reviews both without you appearing in person. If the violation is more serious (a misdemeanor or has mandatory appearance), you’ll need to appear in court in person and fight the case with evidence and witnesses.

3. Conducting the Trial

If you go to a court trial:

  • The officer who issued the citation will likely appear and testify.

  • You may bring evidence (photos, diagrams, calibrated equipment records, witness testimony) to challenge the officer’s case.

  • You’ll have rights to counsel, to subpoena witnesses, and to cross-examine if you choose to appear in person.
    If you opted for a written declaration trial, you submit your statement and evidence in advance; the officer does the same; then you wait for the judge’s decision.

4. After a Conviction – How to Appeal

If your trial results in a guilty finding and you believe the court made a legal error (rather than just disagreeing with the outcome), you may file an appeal. Key features:

  • An appeal is not a new trial where you present new evidence or witnesses; instead you must show the lower court made a legal mistake that affected the outcome.

  • You must file a Notice of Appeal within 30 days of the judgment in most infraction cases.

  • You must decide whether to send a record of the oral proceedings (transcript, recording, or settled statement) depending on whether the original trial had a court reporter or recording.

  • After the record is ready, you file a brief explaining the facts, the law, what error was made, and how it changed the decision.

  • Oral argument may be available (optional in many cases). Then the appellate division will decide by reading the record and briefs (often within about 90 days).

5. Practical Advice

  • Always check the specific court’s rules and deadlines – California has 58 counties and local practices vary.

  • If you go the trial route in person: arrive early, dress appropriately, bring copies of all evidence, and even consider legal advice if the fine/points are large.

  • If eligible for trial by written declaration and you prefer to avoid court appearance, verify the court allows it and follow the required form precisely (e.g., form TR-205).

  • Filing the appeal doesn’t automatically stop you from having to pay the fine or comply with the sentence; if you need more time you must separately request a stay or delay from the trial court.

  • Keep full documentation: your citation, proof of mailing/forms, receipts, records of payment or requests – it will help later if you challenge the case or appeal.

Key Official Resources (California)

Tags: 
appeal
Geo: 
California