What could happen if I get a new ticket?

It depends on the type of ticket you get.

Parking tickets: If you get a parking ticket, you just have to pay a fine. The ticket will have information about how much the fine is, what agency you owe it to (usually to the local city government or parking authority), and how to pay (by mail, in person, by phone, or online). If you disagree with the ticket, you can contact the parking agency and ask how to challenge it.[2216] If you don’t pay the parking ticket on time, the fines will increase. Eventually, if you haven’t paid the fine, you will not be able to renew your car registration. Parking tickets will NOT affect your ability to get a state ID or driver license because parking tickets attach to a vehicle, NOT a person.[2217]

Infraction tickets: If you get an infraction ticket, read the ticket carefully to see what to do. You may just need to pay a fine or you may have to fix whatever problem the ticket was issued for and then bring proof to the issuing agency. However, you may be required to appear in court on a particular date and time. You must act BEFORE the deadline on your ticket. Remember, by signing the ticket, you have promised to pay the fine, correct the problem, or appear in court. You may have to:

    Pay the fine, which means you plead guilty to the violation and the court will close the case. The infraction will appear as a conviction on your Department of Motor Vehicles (DMV) record, but it will not be considered a criminal conviction.[2218] It may add “points” to your driving record, which may have other consequences.[2219]
    NOTE: You may be eligible to go to “traffic school,” to keep the conviction points off your record.[2220] (For more information about traffic school, see PG. 680.)
    Go to court on the day and time listed on the ticket. You can plead not guilty and ask for a trial to dispute the ticket, or plead guilty to the infraction and pay the fine.[2221]
    If you want to contest the ticket (plead not guilty) but were NOT required to appear in court, you can request a trial by written declaration. This means that instead of going to court to fight your case, you and the police officer give the judge statements and evidence in writing.[2222]
    If you got a “fix-it” ticket, you can have your case dismissed by fixing the problem, showing proof that you have made the correction, and paying a fee. To get a proof of correction, you must get an “authorized person” to sign the “Certificate of Correction” line on your ticket. An “authorized person” is:
    A DMV or court clerk—for driver license and car registration violations;
    A police officer—for equipment violations;
    A court clerk—for proof of car insurance.[2223]

IMPORTANT: NEW LAW REGARDING PAYMENT PLANS: As of Fall 2017, low-income drivers who are unable to pay their parking tickets OR tickets related to public transportation (such as fare evasion) have a legal right to set up a payment plan with the court and/or have their fines or penalties reduced.[2224] In order to take advantage of this right, the court must formally declare you to be ‘indigent’ (meaning low-income).[2225] If you think you qualify, you can apply for an indigence determination within 60 days of receiving your ticket or infraction. Contact the criminal clerk in your county’s superior court for more information about indigency determinations.

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If you are on probation, parole, or community supervision: In most cases, an infraction ticket won’t be considered a violation of your probation or parole because infractions are not criminal offenses. However, in some cases, an infraction ticket could be a violation of your supervision, depending on your underlying conviction, the specific conditions of your supervision, and the nature of the infraction. For example, if you are on probation for a DUI offense and have conditions related to alcohol and driving, a ticket for having an open container in your vehicle might be considered a violation of your supervision. If you have any questions or concerns about your terms of supervision, you should talk to your probation or parole officer (or better yet, a lawyer). (You can also find more information in the PAROLE & PROBATION CHAPTER, beginning on PG. 125.)

Misdemeanor tickets: For a misdemeanor ticket, you must go to court on the date shown on your ticket. If you want to dispute (deny) the charges, you can plead not guilty and ask for a trial. You are entitled to have a lawyer represent you throughout the process. If you cannot afford a lawyer, the court will appoint a public defender to represent you. You may have to pay a fine (bail) in advance, but you will get the money back if you are found not guilty.[2226] In some cases (for serious misdemeanors, like DUIs, or for repeat offenses), you may also face jail time and/or have your license suspended or revoked.

WARNING: If you are on probation, parole, or community supervision, a misdemeanor ticket could be a violation of your probation or parole conditions. You should contact a lawyer immediately, if you can. (For more information on how a new criminal offense may affect your community supervision, see the PAROLE & PROBATION CHAPTER, beginning on PG. 125.)

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  1. 2216

    See Cal. Veh. Code § 40215.

  2. 2217

    Cal. Veh. Code § 4760.

  3. 2218

    Cal. Penal Code § 19.6.

  4. 2219

    Cal. Veh. Code §§ 1808(b), 12810 (most minor traffic offenses will remain on your record for 3 years from the violation date and count as 1 point on your driving record. More serious convictions will remain on your record for longer periods (7 or 10 years) and add more points to your record); see also Dep’t of Motor Vehicles, Vehicle Code Violations used in Negligent Operator Counts, https://www.dmv.ca.gov/portal/dmv/detail/dl/vioptct.

  5. 2220

    Cal. Veh. Code §§ 1803.5, 41501, 1808.7, 1808.10, 41501; 13 Cal. Code Regs. § 345.00 et seq.; Cal. Rules of Court § 4.104 (2014); see also Judicial Council of Cal., Traffic School, http://www.courts.ca.gov/9410.htm.

  6. 2221

    Cal. Veh. Code § 40901; see also Judicial Council of Cal., Cal. Courts, Traffic Trial, http://www.courts.ca.gov/8450.htm.

  7. 2222

    Cal. Veh. Code § 40902-03; see also Judicial Council of Cal., Cal. Courts, Traffic Trial, http://www.courts.ca.gov/8450.htm#tab9275.

  8. 2223

    Cal. Veh. Code §§ 40150-53, 40610-18, 40303.5, 40522; see also Judicial Council of Cal., Correctable Violations “Fix-It” Tickets, http://www.courts.ca.gov/9529.htm.

  9. 2224

    Cal. Pen. Code § 1463.007; 2017 Cal. Legis. Serv. Ch. 17 (A.B. 103) (WEST); SB 640 (Public transportation agencies: administrative penalties), available at http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB614.

  10. 2225

    Associated Press, “California no longer will suspend driver’s licenses for traffic fines” (Jun. 29, 2017), available at http://www.latimes.com/local/lanow/la-me-ln-driver-license-fees-20170629-story.html.

  11. 2226

    Judicial Council of Cal., Traffic Trial, http://www.courts.ca.gov/8450.htm.