1. How do I figure out what to do with my ticket?
On your "Notice to Appear" you will find the following:
1) the name and address of the court that will decide your case;
2) the deadline to pay the ticket or go to court; and
3) what you must do to respond to the ticket.
If you are a minor (you were under 18 years of age at the time you received your citation), one of your parents must appear in person with you.
2. Do I have to go to court?
If you got the ticket for an infraction (like running a stop sign), you can probably do everything you need to do by mail or in person at the Clerk's office.
If you are a minor (you were under 18 years of age at the time you received your citation), one of your parents must appear in person with you.
3. What if I am unable to make my court appearance?
You must contact the Traffic Division prior to the date of your appearance given on your ticket or courtesy notice. You are eligible for one thirty day extension. This extension can be obtained either by mail or by speaking with a clerk on the phone or in person at the clerk's office. Remember, the Citation and Courtesy Notice are two different documents. You may not receive a Courtesy Notice. If you do not receive a Courtesy Notice you must still appear or pay the bail prior to the date given on your ticket.
4. What happens when I appear in person?
Your first appearance in Traffic Court is called an arraignment. At the arraignment you will hear information regarding your rights. You will be given choices as to how you want to handle the matter.
You do not have to wait until the date given on your ticket to appear. If you want to appear sooner, you can go to the Court you were ticketed to appear in and sign in for walk-in Court.
At the Traffic Court in Modesto, adults may sign up for walk-in Court on Monday, Tuesday at 8:00 am, 9:30 am or 1:00 pm and Wednesday at 1:00 pm. If your case is in Failure to Appear status with the Modesto Traffic Court you may sign up for walk-in Court on Wednesday ONLY at 8:00 am or 9:30 am.
Juveniles may sign up for walk-in Court only on Wednesday at 8:00 am or 9:30 am at the Juvenile Division located at 2215 Bluegum Avenue, Modesto, CA in Room 15. The parent or legal guardian must accompany the juvenile unless the juvenile turns 18 by the time of the court appearance.
5. How do I pay the citation?
You may pay in person or by mail. Please do not send cash through the mail. If you are paying by check, please make sure to write the docket number on the left-hand corner of your check (this number can be located on the left corner of your courtesy notice if you received one). If you did not receive a courtesy notice please write your ticket number on the left-hand corner of your check (this number will be located on the upper right-hand corner of you ticket). Juveniles must include parent/legal guardian signed permission to pay and a copy of the parent/legal guardian driver's license.
6. Will I get my bail back if I am not guilty?
Yes, if you have a trial by declaration amd you are found not guilty, the court will return the bail to the person that paid. This process may take 6 to 8 weeks.
7. Do I need a lawyer?
You can go to traffic court without a lawyer. If you want a lawyer for a traffic infraction (like speeding or running a red light), you can hire one. The court will not provide you with one.
8. How do I request traffic school?
You may be eligible to enroll if you have not attended in the past 18 months (18 months is calculated from violation date to violation date). Please read your courtesy notice. There is a $56.00 non-refundable Traffic Violator School fee in addition to your bail amount that is paid to the court when you request traffic school. When you pay your citation it is counted as a conviction which may result in points being applied to your DMV record. Attending traffic school will keep the point off your record. Juveniles must include parent/legal guardian signed permission to sign up for traffic school and a copy of the parent/legal guardian driver's license.
The Traffic School Clerk will provide you with a list of approved schools and give you 90 days to file your completion certicate.
Traffic Violator School is not an option if you were not charged with a moving violation ie: speeding. Seatbelt and cell phone violations are not eligible for Traffic School.
Please note: You may not pay for Traffic Violator School On-Line.
9. Why do I have to pay the bail amount if I am going to attend traffic school?
It is required per vehicle code. The benefit of traffic school attendance is that the point will not add to your DMV record. DMV calculates this information to access negligent driver information. The additional point may also increase your insurance rates. If you get points on your record, your insurance company may ask you to pay more for insurance because of this. They may also cancel your policy and tell you to find insurance elsewhere. Points can stay on your record for 3 years. Successful completion of traffic school prevents this information from being viewed by insurance companies.
10. Why do I have to pay the $56 fee here and a fee to the school too?
The $56.00 fee is a state fee required when requesting traffic school. The schools are privately owned companies that have been approved for your attendance. None of the $56.00 fee goes to the schools. The $56.00 fee goes toward monitoring the curriculum, developing school lists and staffing for the TVS clerk position. It supports the process that allows you to attend Traffic School.
11. Why can't I go to court for my son/daughter/husband/wife, etc.?
Each defendant has a right to act on his/her own behalf. However, if they wish someone else to represent them, they must hire an attorney who is licensed to practice law.
For Juvenile matters, a parent must accompany the minor, unless the minor has turned 18 years of age by the time of the date set for the court appearance.
12. If I go to court, will the judge reduce my fine?
We cannot speak for the judge/commissioner. You will hear information at the arraignment that will enable you to decide if you want to enter a plea or request a court trial or trial by declaration.
13. What do I do if I get a "fix-it" ticket?
If a police officer gives you a "fix-it" ticket on a "Notice to Appear", the "yes" box will be checked below "Correctable Violation" on the front of the ticket. The police can give you another ticket if you do not fix the problem immediately.
When you fix the problem, a police officer must sign off the "Certificate of Correction" that is on the back of your ticket. Officers may not sign off on insurance violations; proof of insurance must be brought to the Court.
***You must take or mail the proof of correction to the court and pay the proof of correction (dismissal) fee before the deadline (your date to appear in court).*** If this is a juvenile matter, and you are still under the age of 18 at the time of your date to appear, you must be accompanied by a parent.
The Court will then dismiss your case and it will not go on your record.
Please note: Proof of Correction fees may not be paid on-line unless you have already appeared in Court and the fines and fees have been ordered.
14. What if I do not go to court or pay my ticket?
When you sign your ticket you promise to go to court and pay the fine. If you do not go to court or pay your fine, your driver's license can be suspended and/or you may not be able to renew your car's registration. The judge can also charge you with a failure to appear. If that happens, the court can add an additional fee called a civil assessment of up to $300.00 and additional fees of $10.00.
15. What if I got a ticket for car registration or driver's license violation?
There are many ways you can handle this problem. One way is to go to the local DMV office. Ask a clerk at the DMV to help. After you correct the problem, the DMV will sign the "Certificate of Correction" part of your ticket. You must take or mail the signed ticket with proof of correction to the court along with your proof of correction/admin fee.
***To identify the amount of the proof of correction/admin fee that is due please contact the designated Traffic Court Clerk's office.***
Do this before the deadline of your ticket (date to appear). You may also show the court your registration or driver's license and pay the dismissal fee. The court will then dismiss your case and it will not go on your record.
16. How do I pay my traffic ticket?
If you plan to pay without going to Court you must pay the amount listed on your courtesy notice by mail or in person at the designated Traffic Court Clerk's office. If you did not receive a courtesy notice you may contact the Court by phone or in person to get the bail amount. Bail must be paid on or by the date given to appear on the ticket that you received.
17. How do I appeal if I am found guilty?
Judicial Council form CR-141 has instructions on how to appeal infractions and form CR-142 and CR-143 are used to file a Notice of Appeal. **There is a new Proof of Service form APP-109 that must be filed at the time of filing your appeal**. Appeals must be filed no later than 30 days after the date of trial.
If you were found guilty after a trial by written declaration you can file a request for a new trial. To do so you must use a Request for New Trial (Trial de Novo) form TR-220. Your Request for New Trial or Trial de Novo is required to be filed no later than 20 days from the mailing date located on the "Decision on Trial by Declaration".
You may obtain the above forms at the Modesto Traffic Clerk's office. These forms are filed at the Modesto Traffic Clerk's office where the decision on your case was made.
18. If I have an attorney for my Traffic case and have to post bail what do I do?
You may not pay your bail on-line. You may pay with a check or a money order directly to the Court by mail or in person. You bail will be deposited in Trust pending decision of the Court.
19. How do I request a Trial by Written Declaration?
You may request a Trial by Written Declaration using one of two options:
1) You may come to the counter in the Modesto Traffic Division you will be given the instruction form TR-200 and the "Request for Trial by Written Declaration" form TR-205. You need to read the instructions (TR-200) and fill out the request (TR-205). At the time of filing form TR-205 you must sign a "Written Plea of Not Guilty" form and pay your bail in full.
2) You may go to Court at the Modesto Division and enter a not guilty plea and request a Trial by Written Declaration. After going to Court you need to take a copy of your minute order to the counter in the clerk's office where you will be given instruction form TR-200 and form TR-205 "Request for Trial by Written Declaration". The minute order that you get in Court will have the date that your declaration will be considered by the Court. You must file your declaration TR-205 and pay the total bail shown 5 days prior to the date your matter is scheduled.
Please include all information on form TR-205 that you feel will help the Judicial Officer to make his/her decision on your case. The Court will notify the officer to request that he/she provide a written declaration.
Your bail will be placed into Trust pending the decision of the Court. You will be notified by mail once the Court has rendered their decision.