So, you got a traffic ticket in Santa Clara County, CA. During one particularly unlucky week in September 1999, I got two: one for an illegal U-turn at a traffic light, another for running a stop sign on my bike.
You have so many choices: Pay the ticket? Go to court? Go to traffic school? Most of what you need to know is printed on your ticket (so read it!), but there are several ways you can save money that no one but grizzled veterans like me will tell you. So, read on.
OK, this one is printed on your ticket, but I saw enough people in court for having failed to appear earlier that it obviously isn't clear enough. If you don't receive a so-called "courtesy notice" in the mail within a few weeks after your got your ticket, it doesn't mean they forgot about you. Most likely, it's because the court doesn't have your correct address. Your fine will increase if you don't contact the court by the date written on your ticket, and the next thing you get in the mail may be a warrant for your arrest.
Unless you like throwing money away, that is. Go to the court clerk's office, where you'll have two options: (1) Pay nothing now, and sign up for an arraignment where you'll be able to plead guilty or not guilty (see the next tip); or (2) Contest the ticket and sign up for a trial with a judge and the police officer who stopped you (skip to tip 6); to do this you actually have to pay the bail amount, which is presumably refunded if you are found not guilty.
You have nothing to lose by signing up for an arraignment, and may end up with a substantially reduced fine just for showing up. On the other hand, if you choose to contest the ticket, skip the arraignment and go directly to trial, the judge may not allow you to attend traffic school if you are found guilty.
At an arraignment, you and a few dozen other people sit in the courtroom waiting your turn. You're told what laws you violated, and then you're given the opportunity to plead not guilty, guilty, or no contest (which carries the same consequences as a guilty plea, except the fact that you are not admitting guilt could be important if you are later involved in a lawsuit). If you want to do traffic school, you have to plead guilty or no contest at the arraignment. You will not be able to argue the ticket away at an arraignment, because the officer will not be there to present his or her side of the story. That's what a trial is for.
Keep in mind that one of the judge's primary goals at the arraignment is to close cases and keep them from going to trial, since the courts are overburdened enough with more serious crimes. Thus he or she will likely make you a much better deal than what you'd have paid if you didn't schedule an arraignment. For example, I had to pay only $28 for my stop sign violation, which would have cost me $104 if I'd just paid the bill through the mail.
If traffic school is not an option, you may plead "guilty with explanation," in which case you will have to hang around until the end of the arraignment to explain your case to the judge. Since you're pleading guilty, you will still get points if it's a moving violation, but you may be able to get your fine lowered.
From personal experience, I can tell you it's a pain if you show up even just a few minutes late. You'll dutifully endure the entire proceedings until your name is called, at which point the judge will tell you that since you were late, you didn't hear the spiel in the beginning explaining your rights, and so you'll have to schedule another arraignment. Oops.
If your moving violation carries points, the only way to avoid them is to attend traffic school or to plead not guilty and win your trial.
Unless you think you have a good case, you're probably better off choosing traffic school at your arraignment. First, you'll save yourself the time and hassle of coming to court again for a trial. Second, if you lose your case at trial, you will no longer have the traffic school option and will be stuck with points.
So if you're most often better off doing traffic school, why did I just tell you to sign up for an arraignment? Again, one of the judge's main motivations at arraignment is to clear as many cases as possible. Often this means you will have to pay only the "administrative fee" and the school fee, while the bail for your violation will be cleared or reduced. This can be quite a chunk of change, making the time you spend in court worthwhile.
Actually I don't have much to say about trials, since I cleared up my violations at the arraignment.
At the trial, you and the officer who wrote the ticket will each have an opportunity to explain their sides of the story, and the judge will decide whether you're guilty or not. Again, by going to trial you risk not being allowed to attend traffic school if you're found guilty, in which case you will get whatever points you've earned. If you aren't eligible for traffic school in the first place, you probably have nothing to lose except time by going to the trial.
I've heard stories that if the officer fails to show up at the trial, you the case will automatically be dismissed. I have no idea to what extent this is true, and it probably varies among different judges. If, like me, you were stopped by a very earnest cop who seemed to take a perverse joy in issuing citations to bicyclists who fail to come to a complete stop at 1 A.M. at a deserted intersection, I would not be surprised if he or she makes every effort to make it to the trial to seal your fate. So you're taking a gamble if you are hoping he or she doesn't show.
There are many books on beating traffic tickets, but I've only read Fight Your Ticket in California. It's a treasure trove of information for anyone who's received a traffic ticket in California. Check your library, or look for it at your favorite bookstore. It is published by Nolo Press, and the ISBN for the 12th edition is 9781413306415.
Also head over to the Santa Clara County Superior Court Self Service site for official information about traffic court.
Finally, the Ticket Assassin has a wealth of information about fighting traffic tickets in California, including ways to contest your ticket without ever setting foot in court. Highly recommended reading!
Santa Clara County has finally caught up with the 1990s and now offers an online traffic school program. You still have to go through the normal process with the court to select the traffic school option, and you still have to show up in person to take a final exam. But if it means you'll be locked in a room with your fellow lawbreakers for only one hour instead of eight, why not?
Several people have emailed me with their experiences and comments. The following are posted with permission:
I'm not a lawyer nor a judge nor a police officer, and the above information may be completely wrong or utterly useless. I disclaim any liability for what happens to you if you follow my advice. Blah, blah, blah.
Unfortunately I cannot respond to questions about your particular traffic ticket case; everything I know is contained on this page. For further help please refer to the Santa Clara County Superior Court web site, the Nolo Press book, or an attorney.
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