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Traffic Ticket Problems FAQ
Summary: The most commonly asked legal and court questions we get at our Traffic Court Blog.com regarding traffic ticket, traffic court trials, warrants, civil assessments, and civil rights. Written by Criminal Defense Trial Attorney Christopher Dort
| How Can I Find All of My Old Tickets or
Criminal Cases? How Do You Fight a Civil Assessment? Can I Do Community Service or Jail Time Instead of a Fine? What Should I Do If I Cannot Make a Fine Payment On Time? Is a Trial By Declaration a Waste of Time? Can I Sue the Court for Violating My Civil Rights? How Can I Use Pictures in a Traffic Court Trial? What Happens if You Schedule a Trial on a Traffic Ticket, and miss the Trial Date? More free legal self help at www.TrafficCourtBlog.com If you have a specific question you want answered, leave a comment on www.TrafficCourtBlog.com or send an email to cdort[at]dortlaw.com. We try to answer as many as possible. |
How Can I Find All of My Old Traffic Tickets or Warrants?
All traffic citations end up as a pending case in a local court near where the incident happened. Usually, this means the county court, and in some areas the city municipal court. For example, in California, all traffic citations are handled by the Superior Court for the county where the citation was given (and signed). Most courts have a separate traffic and criminal division, and a separate court clerk for each. You may have to check with both divisions for cases like driving on a suspended drivers license, which can be treated as a traffic or criminal matter depending on location.
Step one for finding old cases is getting the Case Number & the Location of the Courthouse where the case is pending. Once you have that info, you can start to deal with the court to solve the problem.
If you are looking for old traffic infraction cases, the best way to start is by contacting the Department of Motor Vehicles (DMV Or Department of Safety or Transportation in some states) to get your driver history report. On your driver history report, you can find a list of each and every motor vehicle violation you have received, even if they are over or still pending.
If you are looking for old cases causing a suspension of your drivers license, you might be able to get a list by calling the DMV and asking for a list of holds. For example, in California, you can call the DMV Driver Safety Office and ask for a list of failure to appear holds on your license and they will usually give it to you. My favorite trick is to call a DMV office in a small town to get a live friendly person (dont call Oakland!!). And if they give me a hard time, I just hang up and call again to get a different person.
For more serious cases (misdemeanors and felonies such as petty theft, possession of a controlled substance, or driving under the influence), DMV will not have a reliable record of the case. You will have to contact the court.
The only reliable source of information on the status of a misdemeanor or felony criminal case is the court clerks office in the Courthouse where the case is pending.
If there is a warrant on a case, you can also get limited information from the local Sheriff's office. A good example of this is San Diego County Sheriff's Office which has on line access to warrant records. But information on a warrant from a Sheriffs Office is rarely useful for taking care of a case, because they will usually only confirm if there is a warrant and the bail setting on it. They will not tell you how to get the problem solved.
To correctly deal with a warrant problem or old criminal case, you need to know the case number, the charges, and how to schedule a court date. The only reliable source for this complete information is the court clerk. There is no reliable way to do a nationwide warrant search if you are actually trying to clear up the problem. You need to contact the court directly.
In many courts and state you can look up this information on the Internet for Free by going to the court's web site, and checking the online services section. Ventura County Superior Court on line case access is a great example of a court that does it correctly. Alameda County is a great example of a court that does not do it at all. Some Sheriff's Offices have on line access to warrant information. You can check to see what is available in your area by using our Free Warrant Search Links.
In some states the government web site does offer statewide court case searches, and we have collected those links for you. In other states, including California, there is no Statewide Court Case Search for traffic or criminal court cases, and these can only be looked up county by county on the court's web sites where available.
Once you have a case number and know the location of the courthouse for an old case, you can contact the court clerk to find out if you have the right to a court date, whether or not a court appearance is mandatory, and what you have to do to clear a warrant if you have that issue.
If you are requesting a free case review from www.trafficcourtpros.com, it helps to have the details for the reviewing Attorney if you want a quality and detailed review.
How Do You Fight A Civil Assessment?
A Civil Assessment is a fine that is added to an infraction only case after the court thinks the defendant failed to appear in court on or before the date listed on the bottom of a signed traffic ticket. In California, Civil Assessments are authorized by Penal Code section 1214.1, and are generally treated like a civil judgment by the courts.
Penal Code section 1214.1(b) requires the court to send a 10 warning notice to the address on the traffic ticket prior to adding the civil assessment. Penal Code section 1214.1(d) states that civil assessments are subject to the same challenges as a Civil Judgment generally, which means a motion to vacate judgment. However, most courts violate the law by forcing defendants to use a tiny 1 page local form called a "Petition to Vacate Civil Assessment" which limits the arguments a person may make and limits the space available to make the argument to a few lines.
Because of this, the best way to fight a Civil Assessment is to argue that the court has violated Penal Code section 1214.1(b) and section 1214.1 in the local form, and if the petition is denied, then to appeal the denial in a higher court. For more info on how to do this, see our blog articles at: http://trafficcourtpros.com/blog/?p=1070 and http://trafficcourtpros.com/blog/?p=744.
But beware! If you have a civil assessment, it also probably means that you have suspended drivers license as well. See Vehicle Code section 40509.5 in CA. Contact the DMV to verify the status of your license before you drive at all if you know you have a civil assessment.
Is a Trial By Declaration a Waste of Time?
It is rare that a person wins a Trial By Declaration, but if you have a legitimate defense, a Trial by Declaration is a good place to start. This is because if you are committed to fighting a violation, and lose a trial by declaration, you can demand a new trial in person.
We estimate that more than 90% of people who have a traffic court trial will lose and be found guilty whether the trial be live in Court or by Declaration. The main reason for the high rate of Guilty verdicts is that most people are guilty, even though they may think they are innocent. A classic example is a person who thinks they are not guilty of speeding because they were driving at the flow of traffic. But driving at the speed of traffic is not a real defense, even though it seems like it should be a defense.
Some people do win traffic court trials, but you cant expect to win without a legitimate defense. Of those few people who win a traffic court trial by declaration, most wins are because the officer does not respond and the case is therefore dismissed by the court.
However, if you are attempting a Trial By Declaration, and your only defense is your testimony, the odds are against you. If your testimony will contradict the officer's testimony - your chances of success are very low.
For example, if you say "I know I was not speeding", and the Officer replies "I used a working Radar device correctly and it measured the defendant's speed at a rate above the legal limit", the court is going to rule in favor of the officer.
But on the other hand, if your defense in the Trial by Declaration is: "The officer is wrong about the speed limit here" and you include proof like a picture, then your chances of winning high.
The bottom line is that people with real defenses to their violations can in fact win their Trials by Declaration, but without a defense it may be a waste of time.
Can I do Community Service or Jail Time Instead of a Traffic Ticket Fine?
Generally, the answer is no. The court wants your money. They do not want to spend money trying to track and verify your community service.
However, you can ask. If you appear in court in person, on a traffic infraction, you can ask the judge in person to allow community service or jail time instead of a fine. It's a pretty stupid idea to ask for jail time instead of paying a fine, because you may get stabbed, raped, or en up with new charges because you get into a fight with a gang member. But then again, some people are comfortable in jail.
It's in the court's best interest to force you to pay the fine. If you really want jail time instead of a fine, just ignore the problem until they catch you driving.
The better approach is to ask the court for as much time as possible to pay the fine, then get a second job for a few weeks.
What Should I Do If I Cannot Make a Fine Payment On Time?
If you cannot pay a fine on time you should go to the courthouse in person (do not waste your time on the phone) before the due date and ask for more time from the court clerk. If the court clerk cannot authorize more time to pay the fine, you should ask for a walk in court appearance and then ask the judge for more time.
If that does not work, borrow the money from a friend or family member. If that does not work, take your computer to the pawn shop and try to get a loan on it. If that does not work, take your TV. If that does not work, try a payday loan service.
If that does not work, . . . well driving is a privilege and not a right. And it is a privilege that is only available to those who can afford to pay their tickets, DMV fees, and insurance - and you probably no longer qualify as someone who can have the privilege of driving. Get rid of your car, and pay the fine and additional penalties as soon as you can.
Can I Sue the Court for Violating My Civil Rights?
No. If you believe the court has treated you unfairly or has violated your civil rights, the correct approach is to Appeal the case or decision to a higher court. For more information on How to Appeal a Traffic Court Case, see our www.TrafficCourtBlog.com article on the subject.
How Can I Use Pictures in a Traffic Court Trial?
You can use pictures, maps and other illustrative evidence in a traffic court trail and you should. The correct way to do it is to bring extra copies, give one copy of everything to the police officer testifying against you, one copy to the bailiff when they call your case, and keep one copy for yourself. A classic example of good evidence to use in court is a copy of Google maps for the area you are talking about. You can also use a projector or dry erase board if you ask the judge for permission once your case is called. But be careful! You will not be allowed to use photos that you did not take yourself, unless you have the photographer present in court with you. And the same is true of witness statements on paper, you cannot use them unless the witnesses is present in court with you.
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All traffic citations end up as a pending case in a local court near where the incident happened. Usually, this means the county court, and in some areas the city municipal court. For example, in California, all traffic citations are handled by the Superior Court for the county where the citation was given (and signed). Most courts have a separate traffic and criminal division, and a separate court clerk for each. You may have to check with both divisions for cases like driving on a suspended drivers license, which can be treated as a traffic or criminal matter depending on location.
Step one for finding old cases is getting the Case Number & the Location of the Courthouse where the case is pending. Once you have that info, you can start to deal with the court to solve the problem.
If you are looking for old traffic infraction cases, the best way to start is by contacting the Department of Motor Vehicles (DMV Or Department of Safety or Transportation in some states) to get your driver history report. On your driver history report, you can find a list of each and every motor vehicle violation you have received, even if they are over or still pending.
If you are looking for old cases causing a suspension of your drivers license, you might be able to get a list by calling the DMV and asking for a list of holds. For example, in California, you can call the DMV Driver Safety Office and ask for a list of failure to appear holds on your license and they will usually give it to you. My favorite trick is to call a DMV office in a small town to get a live friendly person (dont call Oakland!!). And if they give me a hard time, I just hang up and call again to get a different person.
For more serious cases (misdemeanors and felonies such as petty theft, possession of a controlled substance, or driving under the influence), DMV will not have a reliable record of the case. You will have to contact the court.
The only reliable source of information on the status of a misdemeanor or felony criminal case is the court clerks office in the Courthouse where the case is pending.
If there is a warrant on a case, you can also get limited information from the local Sheriff's office. A good example of this is San Diego County Sheriff's Office which has on line access to warrant records. But information on a warrant from a Sheriffs Office is rarely useful for taking care of a case, because they will usually only confirm if there is a warrant and the bail setting on it. They will not tell you how to get the problem solved.
To correctly deal with a warrant problem or old criminal case, you need to know the case number, the charges, and how to schedule a court date. The only reliable source for this complete information is the court clerk. There is no reliable way to do a nationwide warrant search if you are actually trying to clear up the problem. You need to contact the court directly.
In many courts and state you can look up this information on the Internet for Free by going to the court's web site, and checking the online services section. Ventura County Superior Court on line case access is a great example of a court that does it correctly. Alameda County is a great example of a court that does not do it at all. Some Sheriff's Offices have on line access to warrant information. You can check to see what is available in your area by using our Free Warrant Search Links.
In some states the government web site does offer statewide court case searches, and we have collected those links for you. In other states, including California, there is no Statewide Court Case Search for traffic or criminal court cases, and these can only be looked up county by county on the court's web sites where available.
Once you have a case number and know the location of the courthouse for an old case, you can contact the court clerk to find out if you have the right to a court date, whether or not a court appearance is mandatory, and what you have to do to clear a warrant if you have that issue.
If you are requesting a free case review from www.trafficcourtpros.com, it helps to have the details for the reviewing Attorney if you want a quality and detailed review.
How Do You Fight A Civil Assessment?
A Civil Assessment is a fine that is added to an infraction only case after the court thinks the defendant failed to appear in court on or before the date listed on the bottom of a signed traffic ticket. In California, Civil Assessments are authorized by Penal Code section 1214.1, and are generally treated like a civil judgment by the courts.
Penal Code section 1214.1(b) requires the court to send a 10 warning notice to the address on the traffic ticket prior to adding the civil assessment. Penal Code section 1214.1(d) states that civil assessments are subject to the same challenges as a Civil Judgment generally, which means a motion to vacate judgment. However, most courts violate the law by forcing defendants to use a tiny 1 page local form called a "Petition to Vacate Civil Assessment" which limits the arguments a person may make and limits the space available to make the argument to a few lines.
Because of this, the best way to fight a Civil Assessment is to argue that the court has violated Penal Code section 1214.1(b) and section 1214.1 in the local form, and if the petition is denied, then to appeal the denial in a higher court. For more info on how to do this, see our blog articles at: http://trafficcourtpros.com/blog/?p=1070 and http://trafficcourtpros.com/blog/?p=744.
But beware! If you have a civil assessment, it also probably means that you have suspended drivers license as well. See Vehicle Code section 40509.5 in CA. Contact the DMV to verify the status of your license before you drive at all if you know you have a civil assessment.
Is a Trial By Declaration a Waste of Time?
It is rare that a person wins a Trial By Declaration, but if you have a legitimate defense, a Trial by Declaration is a good place to start. This is because if you are committed to fighting a violation, and lose a trial by declaration, you can demand a new trial in person.
We estimate that more than 90% of people who have a traffic court trial will lose and be found guilty whether the trial be live in Court or by Declaration. The main reason for the high rate of Guilty verdicts is that most people are guilty, even though they may think they are innocent. A classic example is a person who thinks they are not guilty of speeding because they were driving at the flow of traffic. But driving at the speed of traffic is not a real defense, even though it seems like it should be a defense.
Some people do win traffic court trials, but you cant expect to win without a legitimate defense. Of those few people who win a traffic court trial by declaration, most wins are because the officer does not respond and the case is therefore dismissed by the court.
However, if you are attempting a Trial By Declaration, and your only defense is your testimony, the odds are against you. If your testimony will contradict the officer's testimony - your chances of success are very low.
For example, if you say "I know I was not speeding", and the Officer replies "I used a working Radar device correctly and it measured the defendant's speed at a rate above the legal limit", the court is going to rule in favor of the officer.
But on the other hand, if your defense in the Trial by Declaration is: "The officer is wrong about the speed limit here" and you include proof like a picture, then your chances of winning high.
The bottom line is that people with real defenses to their violations can in fact win their Trials by Declaration, but without a defense it may be a waste of time.
Can I do Community Service or Jail Time Instead of a Traffic Ticket Fine?
Generally, the answer is no. The court wants your money. They do not want to spend money trying to track and verify your community service.
However, you can ask. If you appear in court in person, on a traffic infraction, you can ask the judge in person to allow community service or jail time instead of a fine. It's a pretty stupid idea to ask for jail time instead of paying a fine, because you may get stabbed, raped, or en up with new charges because you get into a fight with a gang member. But then again, some people are comfortable in jail.
It's in the court's best interest to force you to pay the fine. If you really want jail time instead of a fine, just ignore the problem until they catch you driving.
The better approach is to ask the court for as much time as possible to pay the fine, then get a second job for a few weeks.
What Should I Do If I Cannot Make a Fine Payment On Time?
If you cannot pay a fine on time you should go to the courthouse in person (do not waste your time on the phone) before the due date and ask for more time from the court clerk. If the court clerk cannot authorize more time to pay the fine, you should ask for a walk in court appearance and then ask the judge for more time.
If that does not work, borrow the money from a friend or family member. If that does not work, take your computer to the pawn shop and try to get a loan on it. If that does not work, take your TV. If that does not work, try a payday loan service.
If that does not work, . . . well driving is a privilege and not a right. And it is a privilege that is only available to those who can afford to pay their tickets, DMV fees, and insurance - and you probably no longer qualify as someone who can have the privilege of driving. Get rid of your car, and pay the fine and additional penalties as soon as you can.
Can I Sue the Court for Violating My Civil Rights?
No. If you believe the court has treated you unfairly or has violated your civil rights, the correct approach is to Appeal the case or decision to a higher court. For more information on How to Appeal a Traffic Court Case, see our www.TrafficCourtBlog.com article on the subject.
How Can I Use Pictures in a Traffic Court Trial?
You can use pictures, maps and other illustrative evidence in a traffic court trail and you should. The correct way to do it is to bring extra copies, give one copy of everything to the police officer testifying against you, one copy to the bailiff when they call your case, and keep one copy for yourself. A classic example of good evidence to use in court is a copy of Google maps for the area you are talking about. You can also use a projector or dry erase board if you ask the judge for permission once your case is called. But be careful! You will not be allowed to use photos that you did not take yourself, unless you have the photographer present in court with you. And the same is true of witness statements on paper, you cannot use them unless the witnesses is present in court with you.
