How To Get Out Of A Ticket In Court

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Traffic tickets have a lot of consequences. They carry steep fines, may affect your car insurance premiums, and can cause you to lose your license if you accumulate too many infractions. Contesting a traffic ticket usually requires the added time and effort of appearing in court. Sometimes, you can get off with a warning from the officer. Otherwise, your only option for getting out of a ticket is to challenge the citation in court.

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Pull over. When you are pulled over, an officer has discretion to give you a warning instead of a citation.^[1] For this reason, you are more likely to get a warning if you can spare the officer any unnecessary aggravation or anxiety. Do everything you can to make the traffic stop a safe and polite encounter, and the officer may feel charitable enough to issue a warning.
- Pull over to a safe area. Exit the roadway as soon as you are able to do so safely and come to a stop.
- Turn off the engine.
- Roll down the window all the way.
- Turn on your interior light if it is dark.
- Put your hands in plain sight on the steering wheel. Don't reach for anything.^[2]
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Obey all instructions. Cooperate with the officer so that the encounter goes quickly and smoothly. Do not search for your license and registration until the officer instructs you to do so.^[3] If the officer asks you to step out of the vehicle, do so, but do not attempt to exit the vehicle before the officer asks.^[4]

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Answer the officer's questions. Police officers will often ask questions such as, "Do you know why I stopped you" or "Do you know how fast you were going?" These types of questions are designed to prompt you to admit to a violation.^[5] You should use your own judgment when you answer these questions. If you admit to a violation, that statement can be used against you if you challenge the ticket in court, but you may be more likely to get a warning if you admit to the violation and apologize.^[6]
- If you intend to fight the ticket in court, do not say anything that can be used against you. Do not admit to the violation and do not argue.^[7]
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Ask for a warning. You can ask the officer to give you a warning instead of a ticket. If you do so, be sure to ask before the officer starts writing the ticket, or you will miss your opportunity. Tell the officer that you are usually a safe driver and that you would appreciate a warning this time.
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Take notes if you are given a ticket. If you are given a ticket and want to fight it, you should take down some information at the time you are stopped. Write down or mentally make a few notes:
- Was the officer in a car, on foot, or on a motorcycle?
- Where did the violation allegedly take place?
- Where was the officer when he or she saw you allegedly commit a violation?
- Could the officer have actually seen your vehicle from where he or she was watching?
- Did the officer say or do anything unusual, abusive, or in violation of your rights? For example, did the officer swear at you or search your car without permission?
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Receive your notice to appear in the mail. After you are given a ticket at a traffic stop, or were ticketed via a red light camera, you should receive a notice in the mail instructing you to appear in court or pay your fine by a certain date. If your state permits defendants to submit a trial by declaration, that option should be listed on your notice. For a trial by declaration, the defendant submits a written defense to the court, and the citing officer has an opportunity to submit a written response. The judge will read both and make a decision.^[8] Depending on your state, you may or may not forfeit your right to a regular trial by submitting to a trial by declaration.^[9]
- The notice you receive should include a form for requesting a trial by declaration. Fill out this form and include it when you submit your declaration.
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Research and investigate. To fight your ticket, you need to argue that the officer was wrong to give you a ticket. If you think that whatever you were ticketed for was not against the law, you should research the applicable law. If you think the officer was factually mistaken about what happened, ask yourself: is it my word against the officer's, or can I prove the officer wrong?
- To research the law, search online for your state's vehicle code and look up the code section you were cited for allegedly violating. The code section should be written on your ticket.
- To investigate the factual circumstances, inspect your vehicle, revisit the scene of the incident, or look at photographs of the area on Google Maps.
- Your word may be your only defense. For example, if you know you were not speeding, but have no way to prove it, you can still try to persuade the judge that, based on your driving record, you were probably driving safely and that the officer was mistaken.
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Write your declaration. Your declaration is where you explain why you should not have received a ticket. Before you write your defense, review your citation, the section(s) from the vehicle code you allegedly violated, and any mental or written notes you made when you were given the ticket. Write your name and the ticket number at the top, then tell the judge what you were doing, what the officer did, and why the officer was wrong. Every ticket is different, but some hypothetical defenses include:
- The officer cited me for driving 80 miles per hour in a 65 mph zone. The officer must have been mistaken, because I was not exceeding the speed limit.
- I received a red light camera ticket, but I am not the driver in the picture.
- The officer who pulled me over told me that a different officer saw me speeding. The ticketing officer did not witness any alleged violation.
- The officer cited me for crossing a double yellow line on Mill Creek Road. There is no double yellow line on Mill Creek Road. The officer was mistaken.
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Attach evidence. If you have any documents or photographs that can help prove your case, attach them. If you received a red light camera ticket but you are not the person in the picture, include a photocopy of your driver's license. You can also include pictures of streets or intersections that you find on Google Maps.
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Include the bail amount. You may be required to pay the fine or bail amount listed on the notice you received. This money will be refunded to you if you win your case. Write a check to the court clerk for the bail amount and include it with your declaration and evidence.
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Mail or deliver the declaration to the court. Make at least one copy of your declaration for your records. Then take your declaration, evidence, bail check, and the request for trial by declaration that you received with your notice to the clerk or mail them according to the instructions on your notice. If you mail your documents, send them via certified mail so that you have a receipt proving when they were mailed.
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Wait for the court's response. Depending on how busy your court is, you might have to wait weeks or even months for a decision. If you win, the court will send you a check refunding your bail money. The court may decide to reduce the charge to a lesser infraction that will have a lesser impact on your driving record, and/or lower your fine. If you lose, the court will keep the bail. Depending on the law in your state, you may still be able to request an in-person trial.^[10] The notice you receive from the court should include information on how to request a new trial.

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Request a trial. If you submitted a trial by declaration, lost, and have the option to request a new trial, follow the instructions included with the notice of the court's decision. If you did not do a trial by declaration, simply visit the court clerk on or before the day and time noted on your ticket or notice to appear. Ask the clerk to set a date for an arraignment.^[11]
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Plead "not guilty" at the arraignment. Return to court for your arraignment, dress professionally, and wait for your case to be called. When your case is called, the judge will ask you how you plead. If you plead "not guilty," the judge will set a date for your trial. The judge may also require you to pay your fine, which will be held as bail and returned to you if you win your case at trial.^[12]
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Prepare to present your case. You can represent yourself at trial, or you can hire an attorney.^[13] If you choose to represent yourself, take some time to prepare to present your case. Prepare a brief summary of the case to recite or read to the judge at the beginning of the hearing. Practice telling your story calmly and clearly. If you have documents or photographs that help your case (such as copies of your license and registration, a receipt showing that you had your vehicle serviced by a mechanic, or a photograph showing the speed limit in the area where you were ticketed), bring them in a binder so that you can easily refer to them in court.
- Structure your opening statement like this: "On (date), I was driving at (location) on my way home from work. At (time), I was pulled over by Officer Jones, who gave me a ticket for (violation). Officer Jones must have been mistaken, because I did not commit the violation. I ask the Court to dismiss the case against me."
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Bring a witness if you can. A witness who actually saw the incident can be helpful in court. If you have a useful witness, arrange for him or her to accompany you to court to testify on your behalf.
- Your witness should be a passenger who was riding with you, or who saw you get pulled over. Do not bring a witness to testify that you are a good driver if that person did not actually witness the incident. Generalized testimony that you are usually a safe driver will not persuade a judge.
- Practice questioning your witnesses beforehand so that you both know what questions you will ask and what answers the witness will give.^[14]
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Present your case in court. On the trial date, you will have the opportunity to tell your side of the story, present evidence, and question witnesses (including the office who issued your citation). The judge will make a decision. If you are found not guilty, your bail money will be returned to you.^[15]
- At the trial, both you and the prosecution will have the opportunity to make opening statements.^[16]
- After opening statements, the prosecution will question the officer (or, if there is no prosecutor, the officer alone will begin testifying about what happened). You cancross-examine the officer about any inaccuracies in the officer's testimony.^[17]
- Next, you will give your side of the story, and the prosecution may cross-examine you. During cross-examination, keep your answers short, to the point, and truthful. If you don't know the answer, don't be afraid to say so.^[18]
- If you have any witnesses, they will be allowed to testify. Ask your witness what he or she observed. The prosecution can cross-examine your witnesses.^[19]
- In your closing statement, briefly summarize the evidence you presented and ask the judge to dismiss the case.
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Decide whether your case is appealable. Appellate courts are different from trial courts in that appellate courts are only concerned with legal mistakes, not factual ones. Thus, you can only appeal your case if the trial court misinterpreted the law, which affected the final decision in your case.^[20] Consider this example:
- Section 21460 of the California Vehicle Code describes the law about double lines on the road. Double yellow lines are treated differently than double white lines.^[21] If you argued in court that the lines were white, but the court determined that the lines were yellow, then the decision is probably not appealable. (This is a factual dispute.) However, if the court acknowledged that the lines where white but still applied the law for yellow lines, then the issue is probably appealable. (This is a dispute about the law.)
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Ask the court clerk what paperwork you need. The appeals court is separate from the trial court. Typically, you need to file forms with both courts to move forward with your appeal. The clerk will likely direct you to file a notice of appeal, a request that the trial court prepare and send its records to the appeals court, and a brief arguing the law.^[22] The clerk should be able to direct you to pre-printed forms.
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Research the law. To adequately argue the law in your brief, you will need to do some research. Refer to your state's vehicle code, which should be available online through the state's Department of Motor Vehicles. You may also have a reason to consult your state's evidence code or other sources of law. You should be able to locate other codes by searching online as well, or by visiting a local public library, law library, or university law library.
- To search for case law, you can use https://scholar.google.com/, or visit a law library. Law libraries will have print resources, and may offer access to specialized legal research services, such as WestLaw and LexisNexis.
- If your appeal raises a legal question that has never been answered by California court, the appeals court may be persuaded if you cite cases and statutes from other states that have dealt with the issue differently.
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Write your brief. Your brief is where you argue the law as it applies to your case. The brief is the most important and difficult part of the appeals process.^[23] In drafting your brief, structure your argument like this:
- Describe the decision the judge made. Include the evidence and the law upon which the judge relied.
- Give your own correct interpretation of the law.
- Argue why your interpretation is correct, using references to the text of the law and prior cases where a different court applied your interpretation.
- Describe how the outcome of your case would have been different if the judge had used the correct interpretation of the law.
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File your brief and paperwork. Note that your brief and other paperwork may not all have the same deadline. You may have an early deadline to file your notice of appeal, and a later deadline to file your brief. When filing your papers, make several copies and take them to the court clerk. The clerk will stamp your documents and file them.
- The court clerk will set a date for oral argument. When you submit your paperwork, you may have the opportunity to waive oral arguments. If you waive oral argument, the appeals court may not require you to argue in court and will make a ruling based only upon the brief you submitted.^[24]
- The clerk will charge a filing fee. If you cannot afford to pay the fee, ask the clerk how to submit a request for a fee waiver.
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Serve the prosecuting attorney. You must serve copies of your documents on the prosecuting attorney, which may be the city attorney, district attorney or another government agency, depending on your jurisdiction. To serve the prosecuting attorney, have a professional process server, sheriff's department, or someone over the age of 18 and not involved in the case deliver or mail the documents. ^[25]
- Ask the court clerk for a proof of service form. Have the process server fill out and sign the form. Then file the proof of service with the court.^[26]
- The prosecution will serve you with a copy of its brief as well. Review the brief and prepare to respond to the arguments in it.
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Attend court for oral argument. If you did not waive your right to oral argument, go to court on the date set by the clerk. The court will have read your brief and the brief from the prosecuting attorney, and will ask questions to get you to elaborate on or clarify the arguments you made in your brief. The court will either announce its decision or dismiss you and respond by a future deadline set by state law. The clerk will mail you a notice of the appellate court's decision.^[27]
- Oral argument will most likely follow a format where a judge asks you or the prosecution a question about the contents of the briefs before giving the other side an opportunity to respond. A sample question might be: "Mr. Smith, in your brief, you cited an earlier case where the outcome was favorable to the defendant, but I think the facts are too dissimilar to be applicable here. Would you care to comment on the relevance of that case as you see it?"
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This article is intended as legal information and does not provide legal advice. If you need legal advice, contact a licensed attorney.

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