If you feel that you were unfairly charged with a traffic infraction in Orange County, CA, state law gives you the right to challenge those charges. You can do so by requesting a traffic ticket trial.
In an Orange County, CA traffic ticket trial, the office that wrote your ticket will explain his reasons for issuing the ticket and you will explain why you aren’t guilty of the charges. You can represent yourself at the trial or hire a lawyer to argue your case. You are allowed to present evidence and call witnesses. There aren’t any juries in a traffic ticket trial; the judge will determine if you are guilty or innocent.
You have two options regarding the type of trial you want: a trial by written declaration or an in-person court trial. If you’re unsure of which choice is best for you, speak with an Orange County, CA traffic ticket lawyer about your case. Whatever your choice, remember to request a trial before the due date on the ticket.
Trial By Written Declaration in Orange County, CA
In a trial by written declaration, you will submit a Request for Trial by Written Declaration (form TR-205) to the court, along with any evidence you wish to enter into the case. The officer will submit their statement and evidence as well. In most cases, you’ll be required to send in a payment (called bail) that equals the amount of the fine.
The judge will review the statements along with the evidence and make a decision. You will receive their decision by mail. If the judge finds you not guilty or lowers the fine, the court will refund any money you are owed.
In-Person Traffic Court Trial in Orange County, CA
You can enter a plea of “not guilty” and request an in-person trial when you appear at your court date. (The trial will not be held that day but will be scheduled for a later date.) In some instances, you may be able to enter a plea and request a trial online or by phone. Like the written declaration trial, you’ll probably be required to pay the fine upfront.
On your trial date, you’ll appear before the judge. There may be several hearings that day, so you may have to wait your turn. Once you appear before the judge, you’ll give your testimony and present your evidence, as will the officer. The judge will make their decision based on the statements and evidence.
Hiring an Orange County, CA Traffic Ticket Lawyer Would is a Good Idea
You don’t have to hire a lawyer to represent you in a traffic court trial. However, defendants who choose to have a lawyer represent them in traffic court generally experience a better outcome than those who don’t.
If you want to challenge a traffic ticket in Orange County, CA, give the law office of Jim Tanizaki a call. Jim is a former Orange County DA turned traffic ticket defense attorney. He knows the strategies the state will use to get their conviction as well as the defense tactics to counter their charges. In many instances, Jim’s representation results in lesser or dropped charges for his clients.
You can contact the law office of Jim Tanizaki through our website, or call us at (714) 655-7633 to schedule a free initial consultation to discuss your case with an experienced Orange County, CA traffic ticket attorney.