How can I contest my ticket?
You can plead not guilty and request a trial in person or by mail. The options are explained in more detail below.
The following violations require you to appear in court.
- All Misdemeanor Violations
- Vehicle Code § 23140(a) - Minor (under 21) Driving with Blood Alcohol Level of .05+
- Vehicle Code § 21200.5 - Bicyclist Riding Under the Influence
- Vehicle Code § 22348(b) - Speeding Over 100 Miles Per Hour
Request an Arraignment
You can request an Arraignment hearing to enter a not guilty plea and schedule a Court Trial. To request an Arraignment hearing, contact the Clerk's Office by sending an email, calling the clerk's office, of visiting the clerk's office in person.
- Does not require a payment in advance
- Two hearings will be scheduled on different dates, one for the Arraignment and one for the Court Trial
- You can appear at arraignment remotely using Zoom (see the Appearing in Court page for more information)
Request a Court Trial
A Court Trial is where you appear in person to testify about the facts in the case.
- You can post bail in the amount of your ticket and enter a not guilty plea to skip the Arraignment hearing and schedule a Court Trial.
- The Officer who issued the ticket will be subpoenaed to appear and may subpoena other witnesses to appear and testify.
- You have the right to subpoena witnesses and to have a lawyer present, if you choose to retain one. If you have photos, diagrams, reports, or any other exhibits you plan to present at the trial, bring them with you on your trial date.
- Approval is required to appear by Zoom at the Court Trial (see Can I appear remotely for a Court Trial? below).
You can request a Court Trial by mail or in person at the Clerk's Office.
- By Mail: Send a written not guilty plea and the full bail amount by mail to the Clerk's Office. You will then be notified of the date you must appear for trial. Cash will not be accepted by mail. Bail must be posted by check, money order, or cashier’s check.
Do not post bail using the Court's website. If a payment is made online, your case will be closed and reported to the DMV if required.
- In Person: Go to the Santa Cruz or Watsonville Clerk's Office to enter a not guilty plea, post the full bail amount, and schedule a Court Trial. Bail can be pai with cash, check, money order, cashier’s check, credit card.
If you are found guilty after the trial, you may request that the court consider your ability to pay before deciding the fine amount for the offenses. (Veh. Code, § 42003(c)). See the Financial Hardship page for more information about ability to pay.
Submit a Trial by Written Declaration
A trial by written declaration (TBD) is a procedure where instead of appearing in court for a trial, written statements are submitted and a judicial officer determines the outcome of the case. If you request a trial by declaration, you are required to waive your rights to appear as well as your right to testify in person and to subpoena witnesses. You may submit a request for trial by declaration in person, by mail, or by email. The Court will provide you with the required forms or you can obtain them using the links below.
Eligibility:
- Vehicle Code infractions resulting from a moving violation (including bikes or skateboards) or Local Ordinances adopted under the Vehicle Code
- Request must be received prior to the due date on your Courtesy Notice
- If a notice has been sent for failure to appear or failure to pay fine, you, the case is no longer eligible
- Full bail must be paid in advance (pursuant to Vehicle Code 40902)
- Can not involve alcohol or drugs
- Can not be for violations requiring a mandatory appearance
Requirements:
- Review Instructions to Defendant form (TR-200)
- Submit Request for Trial by Written Declaration form (TR-205)
- Pay full bail amount in the form of a check, money order, or cashier’s check
- Provide proof for correctable violations (if applicable)
- Submit all required materials by the due date listed on your Courtesy Notice or as indicated on request form
- If you do not win your case and want to keep the option to attend traffic school, you must indicate this request in your TBD. Otherwise, you will lose the option to attend for this matter.
After receiving your request, the Court will request a written statement from the citing officer. 60 days after receiving your request, a judicial officer will review the case and make a decision. The court’s decision will then be sent to you by mail and instructions will be provided if further action is necessary. For more information about Trials by Written Declaration, visit the Judicial Council website
Do not post bail using the Court's website. If a payment is made online, your case will be closed and reported to the DMV if required.
Remote appearance for a Court Trial is currently available for self-represented Defendants with a medical, financial or travel hardship. The hardship request must be submitted at the time Court Trial is requested. Please complete form SUPTMV-025 - Request and Order for Remote Appearance at Trial (Infractions and Minor Violations Only) and submit the original at the Arraignment hearing, by mail, or to the clerk's office.
If a Court Trial is scheduled, the request for remote appearance must be submitted at the time same time.
If you have witnesses that are necessary to your defense, you should have them subpoenaed to appear in court. Do this well in advance of your trial date using the Order to Attend Court (CR-125) form. You can also obtain the form from the Clerk’s Office or the Law Library. You will need to complete the form, submit it to the Clerk’s Office for issuance of a subpoena, and deliver a copy of the subpoena to the witnesses prior to your scheduled court trial date. Be sure to bring a copy of the served subpoena to the Court Trial.
The following is required when requesting a postponement of a Court Trial:
- Request must be at least 15 days prior to the Court Trial date
- Request must be submitted in writing and state the reason(s) a postponement is needed
- Request must state “TIME IS WAIVED” if requesting a date 45 days beyond the Arraignment date
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Original request must be filed with the Court
- Copy of request must be mailed or delivered to the citing agency.
Your request will not be accepted by the Court unless it indicates that you have mailed or hand delivered a copy to the citing agency (i.e. Santa Cruz Police Department, Capitola Police Department, California Highway Patrol, etc.)