After you pay your fine, points may show up on your record at the Department of Motor Vehicles unless you can go to traffic violator school.

If the court lets you go to traffic school and you turn in your proof of completion of traffic school to the court before the deadline, the points should not show up on your record.

If you get points on your record, your insurance company may ask you to pay more for insurance because of this, or they may cancel your policy and tell you to find insurance elsewhere. Points can stay on your record for 3 to 10 years.

In California, you must have car insurance that covers you when you are driving any car. If a police officer stops you, you must show proof of insurance. The Department of Motor Vehicles (DMV) has more informationon the requirements.

If you have insurance but don't have proof to show the officer, you will be charged with an infraction for driving without proof of insurance. In court, you will have to provide proof that you had insurance on the day that you got the ticket and then pay a fine.

It is against the law for someone under the influence of alcohol or drugs to drive a vehicle. In California, the law defines three types of violation:

Infractions, including:

Open container holding any amount of alcohol “on person of driver.” This could be in your hand, in your pocket or in your purse.

Open container kept in vehicle by driver or owner. You do not have to be driving the car to get a ticket for this. If the car is parked and you are in it, that is enough.

Driver drinking in vehicle. If a police officer sees you drink alcohol while driving, he or she will give you a ticket.

Misdemeanors, including:

Driving under the influence. It is illegal to drive if your ability to drive safety is significantly affected by alcohol or drugs. Your blood alcohol level doesn’t matter if your driving is impaired.

Driving with blood alcohol above a certain level. It is against the law to drive a passenger vehicle if the concentration of alcohol in your blood is 0.08% or greater. If an officer wants to test you and you won’t do it, your license can be suspended.

Attempted drunk driving. If you are drunk and try to start or drive a vehicle, you can get a ticket.

California requires the driver and all passengers to wear a seat belt or other safety restraint.

If any passenger is not wearing a seat belt when the car is pulled over, the driver may get a ticket. In addition, any passenger over the age of 16 who is not wearing a seat belt may also get a ticket.

The owner of a vehicle is personally responsible for maintaining seat belts in working order. If a car is pulled over and the seat belts are not in usable condition, the owner may be cited, even if he or she is not in the car at the time.

People riding in the back of open pickup or flatbed trucks must wear safety belts. (This restriction does not apply on farms, if the back of the truck is enclosed, or if the vehicle is being used in a parade that is supervised by law enforcement and the vehicle travels 8 mph or less.)

Every child under the age of 4 or weighing less than 40 pounds must be in a “child passenger restraint system” – a government-approved child car seat, usually with a harness. The person who gets the ticket is the child’s parent or, if no parent is in the car, the driver.

The court can tell you what amount to pay. The fine, penalties, and fees for infractions can be $435 or more.

If you can't afford the fine, your court may have other options for you. These might include payment plans, community service, or other options. Some courts have special court programs for veterans or people who are homeless. Contact your court to find out what your options might be.

After the court has decided your fine, you can pay in person at the court or by mail. Check the ticket, courtesy notice, or court Web site to see whether you can also pay by phone or online.

Teen drivers can get a ticket for breaking the special rules of the provisional driver’s license issued after he or she passed their first driving test.

With your provisional driver's license, you must be accompanied and supervised by a licensed parent, guardian or other licensed driver 25 years of age or older, or by a licensed or certified driving instructor when you:

Transport passengers under 20 years of age at any time, for the first 12 months.

Drive between 11 pm and 5 am for the first 12 months.

This means you cannot give anyone under 20 years of aged (your friends, your brother(s), sister(s), cousin(s), etc.) a ride unless you have a licensed parent, a guardian or other adult 25 years old or older in the car with you.

You are also not allowed to drive between 11 pm and 5 am during your first year after getting your license unless you have a licensed parent, a guardian or other adult 25 years old or older in the car with you.

With a provisional license, you can drive by yourself between the hours of 5 am and 11 pm. If you are under 18, you cannot be employed to drive a motor vehicle.

When you turn 18 years of age, the provisional part of your license ends. You may continue to drive as an adult using your photo license, which will expire on your birthday 5 years after the date you applied.

If you are stopped by a police officer for driving too fast or running a red light, you may be given a ticket. If you have proper identification and promise to go to court by signing a “Notice to Appear” ticket, you probably won’t have to go to jail.

The police officer will ask you to sign the ticket. (Signing doesn’t mean you are guilty. It just means you promise to go to court or pay the fine.)

You could pay $435 or more for each infraction.

If you get a photo-red-light or photo/railroad-grade crossing ticket, you will get a notice in the mail about how to handle the ticket.

If you don’t want to go to court, you can ask the court if you can:

Plead guilty and pay the fine by mail,

Plead guilty and pay to go to traffic violation school, or

Have a trial by mail (also called a "trial by written declaration").

NOTE: If you plead guilty and pay the fine, you will get points on your driving record and your car insurance may cost more.

If you don’t go to court or pay the fine, your license can be suspended and the court can charge you with a misdemeanor and issue a warrant for your arrest.

If you have been cited for an auto insurance violation, you must provide the court with written evidence of financial responsibility. This means you must show proof of having had a valid auto insurance policy when you received the ticket.

To prove you have the required insurance, you must get a form from your insurance company that shows that the insurance:

was in effect on the date you were cited,

covered the vehicle involved, and

covered the person driving the vehicle.

Take or mail the insurance company form to the court along with your dismissal fee before the deadline shown on your ticket. Learn how to pay your fees.

If you can do this the court will dismiss your case and it won’t go on your record.

If you are unable to provide all of the proof described above, you must go to court to discuss your particular situation. Insurance violations cannot be signed off by a police officer.

The Traffic Section of this website only addresses tickets that are infractions. A misdemeanor traffic offense is a more serious offense, like reckless driving, driving under the influence (DUI), or driving on a suspended license. These offenses may be punished with jail time. These cases are heard in the Criminal Division of the Court. In any criminal case where you may face jail time you have a right to an attorney, even if you can't afford one. If you can't afford one, the Court will appoint you one.

If you get a traffic ticket and you think you are not guilty, go to court on the date and time shown on your ticket, or shown on the notice the court mailed to you.

In court, the judge or judicial officer will ask you if you are "guilty" or "not guilty."

If you say "not guilty," the judge will give you a date for a trial.

NOTE: For most infractions, you can write a letter to the court to ask for a trial. In this case, you may have to pay the fine in advance of the trial.

If you have a misdemeanor or felony case, the judicial officer will ask you if you have enough money to pay for a lawyer. If you don't, the court will give you a lawyer for your case.

REMEMBER: You can be found guilty for most traffic offenses even if you did not intend to break the law. For example, if you were driving over the speed limit but do not believe you were driving as fast as the officer said you were driving, you still have violated the law. If, in this example, you were cited for driving 75 miles per hour in a 65 miles per hour zone but you believe you were only driving 70 miles per hour, you were still speeding.

If you think you are not guilty, you can ask for a trial. You may also ask for a trial if you want to ask the court to pay your fees in installments, or to do community service (if your court allows this).

You can go to the courthouse on the date shown on your ticket and ask for a trial.

For most infractions you can send a letter to your court asking for a court trial or a trial by mail (also called a "trial by written declaration").

NOTE: You may have to pay the bail if you want to have a trial by written declaration. Send your letter by certified or registered mail, at least 5 days before the "appearance date" on your ticket.

If you ask for a trial by mail, the court clerk will give or mail you forms. Use these forms to explain why you want a trial.

In most cases, if your ticket is for an infraction a judge or judicial officer will hear your case instead of a jury.

However, you may ask that an infraction charge be tried instead with a jury as a misdemeanor if the offense could be charged as an infraction or a misdemeanor under California Penal Code, Sections 17(d) and 19.8.

NOTE: Unlike infractions, jail may be part of the sentence in a misdemeanor case.

At your trial, the police officer will state why he or she gave you the ticket. You or your lawyer can:

Present evidence,

Argue the law,

Bring witnesses, and

Question the officer who gave you the ticket.

If you are found "not guilty", the court will return your fine.

If you are found "guilty", you must pay the fine. In misdemeanor or felony cases, you can also go to jail.

If you get a traffic ticket and it is not dismissed by a court, a report of the violation will be sent to California’s Department of Motor Vehicles. Insurance companies have access to the DMV’s records and your insurance rates may go up because of the ticket.

One way to prevent a first violation from showing up on your public DMV record (and therefore keep your insurance rates lower) is to attend a traffic violator school.

NOTE: The Department of Motor Vehicles will only allow one citation to not show on your driving record in an 18-month time period. If you attend traffic school more than once in 18 months, you will not receive the benefit of having the additional violation(s) hidden from your driving record. (The 18 months is from the date of one traffic offense to the date of another traffic offense.)

When the court receives your proof of completion of traffic school, you will not get a point against your driver’s license which may affect your insurance.

To request traffic school, sign and date the “Request to Attend Traffic School” option on the courtesy bail notice that was sent to you by the court. Return the notice to the court with payment of the bail amount, plus the court’s administrative fee.

If you do not receive a courtesy bail notice, you may send a note to the court requesting permission to attend traffic violator school. With your note, include payment of the bail amount, plus the court’s administrative traffic school fee.

You may also ask the judicial officer hearing your traffic case at the courthouse for permission to attend traffic violator school.

If you have a second violation on the same citation which requires proof of correction, you have to submit the signed proof of correction, plus a transaction fee for each correctable violation, at the same time that you request traffic violator school.

If you qualify for traffic school and have paid in full the amount of your bail, plus the court’s administrative traffic school fee, then a clerk will send you a traffic school permission letter with further instructions.

Traffic violator schools are private businesses: the courts cannot make any recommendations about which one to attend. However, California’s Department of Motor Vehicles maintains lists of schools it approves:

Some courts allow people to attend traffic violator school on-line. These traffic violator schools are private businesses: the courts cannot make any recommendations about which one to attend. However, the Department of Motor Vehicles maintains a list of on-line and at-home-study traffic schools:

Traffic violator schools are private businesses which charge for enrollment. The amounts vary from school to school, so shopping around is a good idea. Usually the fees need to be paid directly to the school at the time of registration for the program.

NOTE: The traffic violator school fees are in addition to the fine (bail) due for the ticket and the court’s administrative traffic school fee.

You usually have about 60 days to attend traffic school from the date the court informs you in writing of your eligibility for traffic school. (This notice from the court should tell you how to submit proof of completion of traffic school and when this proof is due.)

Judicial Council Form CR-141-INFO has instructions on how to appeal infractions and Form CR-142 is used for a notice of appeal for infraction cases.

NOTE: It is important to understand that an appeal is NOT a new trial. The appellate judge will not consider new evidence, such as the testimony of new witnesses or new exhibits. The appellate judge's job is to review a record of what happened in the trial court to see if certain kinds of legal errors were made in the case:

Prejudicial error: Including things like errors made by the judge about the law, or errors or misconduct by the lawyers that harmed the appellant.

No substantial evidence: Asks the appellate judge to determine if there was substantial evidence to support the judgment, order, or other decision being appealed.

You do not have to have a lawyer; you are allowed to represent yourself in an appeal in an infraction case. But appeals can be complicated, and you will have to follow the same rules that lawyers have to follow.

When you sign your ticket, you promise to go to court or pay the bail. If you do nothing, the court may decide that you chose a “Trial by Declaration in Absentia.” It may find you are guilty without hearing your side of the story -- because you did not show up.

If you don't go to court or pay your bail, your driver's license can be suspended. And you may not be able to renew your car's registration.

The judge can also charge you with "contempt of court" or "failure to appear." If that happens, the court can charge you with a misdemeanor and issue a warrant for your arrest or add an additional fee (called a "civil assessment") of up to $300.

If you can't afford the fine, your court may have other options for you. These might include payment plans, community service, or other options. Some courts have special court programs for veterans or people who are homeless. Contact your court to find out what your options might be.

If you don't pay your fine within the time the court gives you, the court can add new fees to the total amount you owe, and suspend your driver's license. You also won't be able to renew your car's registration.

The court can charge you with "contempt of court" or "failure to pay a fine." If that happens, you can be charged with a misdemeanor and the court may issue a warrant for your arrest or add an additional fee (called a "civil assessment") of up to $300.

If you can't afford the fine, your court may have other options for you. These might include payment plans, community service, or other options. Some courts have special court programs for veterans or people who are homeless. Contact your court to find out what your options might be.

If you received a notice from the Department of Motor Vehicles that there is a hold on your driver's license, you may clear the hold by paying the entire bail amount OR by appearing in court. Check with the court for information about your specific case.

Some counties issue warrants when someone does not appear in court or pay their fine. If you have an outstanding warrant for your arrest, you must pay the full bail amount or appear in court to have the warrant recalled (cancelled.)

If you have been arrested on an outstanding warrant and posted bail, or were released on your own recognizance by an arresting agency, you must appear on the specified court date, or the court will issue a new warrant for your arrest.

An Ignition Interlock Devices (IIDs) is a breathalizer for a vehicle. The IID is slightly larger than a cell phone and is wired to your vehicle's ignition. It requires the driver to blow into a mouthpeice before starting the car. Then, as you drive, you are periodically required to provide breath samples to ensure the continued absence of alcohol in your system.

Court-Ordered IID

When the court orders use of an IID, you must have one installed by an authorized installer and provide proof of the installation to the court.

The court has special forms and procedures to monitor drivers ordered to have the device installed.

After the court notifies the Department of Motor Vehicles (DMV), DMV marks your record so law enforcement officers will be aware of the IID requirement if you are stopped. DMV will also place a restriction on your driver license.

The California Department of Motor Vehicles must notify the court if you fail to submit proof of installation of an IID within 30 days from date of notice. A person who is required and fails to install an IID is guilty of a misdemeanor and will be punished by imprisonment in the county jail for not more than 6 months or by fine of not more than $5,000 or both.