Home»Court Divisions»Traffic»Frequently Asked Questions
Question 1: Where is San Mateo Court Located? All traffic arraignments are heard in the Southern Branch in Redwood City, regardless of where in San Mateo County you received your citation/ticket. All traffic court trials with the officer present are heard in either the Northern, Central or Southern Branches based on the appropriate jurisdiction:
Question 2: What does my citation tell me? It is important to read the information on the front and back of your citation. The front side of the citation issued to you provides you with the following information:
Question 3: What is a Courtesy Notice? A courtesy notice is usually mailed to you at the address listed on the citation within 21 days of the date the ticket was issued. The notice contains general information about requirements and options available for resolving the ticket, which may include:
If you do not receive a courtesy notice, contact the court because failure to receive a courtesy notice is not a legal excuse for failing to take care of the citation. It is your responsibility to resolve the citation on or before the due date. When submitting payments and/or documents by mail, allow 10 days for delivery and processing. Reminder: Failure to appear or resolve a citation on or before the due date may result in a Department of Motor Vehicles (DMV) hold being placed on your driver's license or a warrant being issued for your arrest. A DMV hold will restrict your driving privileges and/or ability to register a vehicle. The citation may also be referred to a collection agency for the collection of payment due. Question 4: How do I get help with my citation? The Court's mission is to provide accurate information to its customers. Clerks are authorized to provide information regarding the procedures used by the Court to process a case. However, all clerks are prohibited by law (Government Code Section 24004) from giving legal advice to litigants or to assist them in filling out any forms, including forms provided by the Court, for the following reasons: The clerk is not an attorney at law. The clerical staff is trained to accept papers for filing and has no expertise in the legal consequences of information included on any of the forms. The Court must be neutral in any proceeding. By assisting one side or the other, a clerk can cause the Court to be perceived as taking sides or being biased, which circumvents of justice as a whole. All persons seeking legal assistance from the Clerk's Office are to be redirected to an attorney licensed to practice law in the State of California without naming any specific person or firm. Question 5: How do I pay my citation? The bail on a citation is the amount of money required to guarantee your appearance in Court. If you choose to pay the bail on the citation without going to trial, it is called a Bail Forfeiture. The citation is deemed paid, and the resulting conviction will be reported on your driving record. Some violations, however, require a mandatory court appearance and cannot simply be paid. If there are any mechanical or insurance violations included in the citation, proof of correction will be required before you can pay the citation. Proof may be submitted either by mail or in person. For additional information regarding proof of correction, please refer to the section entitled "How do I obtain proof of correction." There are three alternatives for paying a citation:
Note: If paying by check, please make the check payable to "Superior Court" and please include your docket number (court case number) on your check. Failure to appear or resolve a citation on or before the due date may result in a Department of Motor Vehicles hold being placed on your driver's license or a warrant being issued for your arrest. If a citation is delinquent and has been referred to a collection agency, you cannot submit payment to the court. You must contact the agency that sent you the collection notice to make arrangements for payment. Question 6: What is an extension? An extension is a postponement of the original due date on a citation. Some violations are not eligible for an extension. Extensions To Pay Bail The Clerk's Office may give one 30-day extension to pay bail on eligible citations that do not require a mandatory court appearance. No further extensions at the end of the 30-day period will be given. There are four alternatives to request an extension to pay bail:
Question 7: How do I obtain proof of correction? Mechanical Violations Corrections for most mechanical violations can be inspected by the Sheriff, California Highway Patrol or other approved law enforcement agencies. Proof of correction by an authorized law enforcement agency is to include:
After obtaining a proof of correction, you must submit the proof of correction to the court along with a $25.00 fee per correctable violation. Registration And License Violations If you were cited with a registration violation and have proof of valid registration from the Department of Motor Vehicles, you may submit a copy of your registration with the appropriate bail to the Court. If you cannot provide proof for the vehicle cited, you will be required to pay the bail associated with that violation. Some violations including sections 12500, 14601 and 23109 of the Vehicle Code may require a mandatory court appearance. Contact the Court for further information. Insurance Violations If you did not have proof of financial responsibility (e.g., insurance) at the time the ticket was issued, you may pay the full bail amount for this violation or schedule a court date for arraignment. If you were insured at the time the citation was issued, but were unable to provide proof of financial responsibility (insurance) to the officer who cited you, you may either (1) submit proof, as described below, with a payment of $25.00 per correctable violation, or (2) bring your proof of financial responsibility to the court and present to the clerk. The Court will dismiss the violation when it receives proof of financial responsibility and payment of the fee. Certain insurance violations are not correctable or dismissible by the clerk of the court and require payment of full bail or court appearance. Acceptable proof of financial responsibility must include the following information:
If the proof does not show all of the information, the total bail amount must be paid; if not, a court appearance is required. Question 8: Am I eligible to attend Traffic School? Pursuant to Vehicle Code section 42005 and California Rules of Court rule 4.104, court clerks are only authorized to grant traffic school requests if the following criteria is met:
To attend traffic school, you must pay the total bail amount due on your citation/ticket plus an additional non-refundable $57.00 administrative fee. The traffic school will charge you a separate registration fee when you enroll. There are three options for requesting traffic school and paying traffic school fees:
You will be given 60 days to complete a traffic school program. If you submit satisfactory proof of completion by your traffic school due date, the citation/ticket will be dismissed by the court and reported to the Department of Motor Vehicles (DMV) as a Traffic School Dismissal. For violations committed on or after July 1, 2011, courts are required to report attendance/completion of traffic school to the DMV as a confidential conviction instead of a dismissal of the charges. NOTICE: If you are eligible and decide not to attend traffic school, your automobile insurance may be adversely affected. One conviction in any 18-month period will be held confidential and not show on your driving record if you complete a traffic violator school program. If you sign up for traffic school and fail to submit the certificate of completion by the due date, the traffic school fee you paid will be deemed as bail and forfeited; DMV will be notified of the conviction. Question 9: How do I get an extension to complete Traffic School? The Clerk's Office may give one 30-day extension to complete traffic school if requested prior to the original traffic school due date. No further extensions at the end of the 30-day period will be given. There are three options to request an extension to complete Traffic School:
Question 10: Where should I mail the original certificate of traffic school completion? You may submit your original certificate of traffic school completion to the consolidated traffic clerk's office at:
Question 11: What is an arraignment? An arraignment is a hearing in which the Court advises you of your rights and informs you of the charges against you. You will be asked to enter a plea to the charges:
An arraignment is not a trial where arguments for a case are heard. If you were cited for mechanical, registration, driver's license or insurance violations, bring all proof of correction that you have with you to the arraignment. If you plea "guilty," be prepared to pay a fine if it is imposed. Please note that there are many options available for addressing your citation without requiring you to appear in court. You may also be able to pay your citation, request traffic school or request an extension online by visiting our ePay-it website. Question 12: What is a court trial? A court trial is a trial where you appear in person to testify about the facts in the case. The officer who issued the citation will also be required to appear. You have the right to subpoena witnesses and to have a lawyer present, if you retain one. You may be asked to deposit the bail amount at the time of your request for a trial. Informal Court Trial An informal trial is a procedure where you appear in person, but the officer who issued the citation is not present. You must waive [give up] your right to subpoena witnesses and to have an attorney present. The court will review the citation and then ask you questions about the issuance of the citation. The court will treat the citation as the officer's testimony. In an informal trial, if the court finds you guilty, you do not have the right to request a court trial. Question 13: How long will a Court Trial take? Most trials take a very short amount of time, but you should plan to be at court for at least 2 hours on that day. Question 14: Should my witnesses appear at the Court Trial? If you have witnesses that are necessary to your defense, you should have them subpoenaed to appear in court. You can obtain the subpoena form from the Clerk's Office. Do this well in advance of your trial date. Complete the subpoena form, have the subpoena served, and file the subpoena with the proof of service with the Court on or before your trial date. Question 15: Should I bring evidence to the Court Trial? If you have photos, diagrams, reports, or any other exhibits which you plan to present at the time of the trial, bring them with you on your trial date. Question 16: Will the officer who wrote the citation be present at the Court Trial? The officer will be subpoenaed to appear in court by the court. In most cases, he or she will appear. In some cases, unavoidable circumstances may prevent or delay his/her appearance. Question 17: What happens at the Court Trial? The bailiff or clerk will give some preliminary instructions and then check in those people appearing in court. A Judicial Officer, who, pursuant to Government Code Section 72190, has been empowered to rule on infraction matters, will then call the cases. The Court will listen to the statement of the sworn officer. You may then present your case to the Court, and the Court will rule on the matter. Question 18: What if I am found guilty? In most cases, when you are found guilty, the sentence imposed will be a fine not exceeding the amount of bail you have deposited. Question 19: What if I am found not guilty? If you are found Not Guilty, your bail deposit will be returned to you by mail within six to eight weeks. Immediately after the trial, check with the clerk or bailiff to verify your current address. Question 20: What if I do not appear at the trial time? Your bail will be forfeited, and your driving record will show a conviction Question 21: What if I need to change my trial date? If it becomes necessary to change your court date, you may do so only once. You must appear in person at the consolidated traffic clerk's office between the hours of 8:00 a.m. and 3:30 p.m. Monday through Friday. Additionally, your request must be made at least 10 court days prior to your trial date to secure a new date. There will be no exceptions to the minimum 10-day requirement. Question 22: What is a Trial by Written Declaration? A Trial by Written Declaration is a procedure where, instead of going to court for a trial on your citation, you mail or bring in a written statement on a Trial By Written Declaration form explaining the facts of your case and why the court should rule in your favor. You may also include any documentary evidence you feel is helpful. The officer who issued the citation might also be asked to submit a written statement. You must waive your rights to appear, to testify in person, and to subpoena witnesses. You will be asked to deposit the bail amount in when you SUBMIT your Request for Trial by Written Declaration (Form TR-205). If the court finds you guilty, you may request a court trial. This request must be in writing and must be received by the Clerk's Office within 20 days of the date of mailing the Court's decision. If you are found guilty, your bail deposit will be applied toward the fine, if one is imposed. If the fine is suspended or if you are found not guilty, your bail is usually refunded to you by mail within six to eight weeks to the address listed on the case. |