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| Traffic Court – Frequently Asked Questions |
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Phone: (415) 444-7180
Email: traffic@marincourt.org
Location: Civic Center, Hall of Justice, Room C-10
Office Hours: 8:00am - 3:00pm
Email: traffic@marincourt.org
Location: Civic Center, Hall of Justice, Room C-10
Office Hours: 8:00am - 3:00pm
Traffic Citation Basics
Fix-It Tickets/Proof of Correction
Traffic School
Traffic Appeals
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Traffic Citation Basics
I have been cited for a traffic violation or minor offense, what do I do now?
By signing the citation in the officer’s presence you have agreed to appear or resolve the issue by the indicated date. The Court will send a Courtesy Notice once the citation has been filed with the Court, typically two weeks to two months from the date of the citation. The Courtesy Notice will provide more information regarding your specific options to resolve the citation.
Please note:
- Marin County Superior Court can only resolve citations written within the County jurisdiction.
- Traffic Court handles all infractions including traffic, animal, fishing, boating and infractions of local municipal codes.
- Parking Citations are not handled by the Superior Court, please click here for instructions on resolving parking citations.
What if I do not receive a Courtesy Notice?
If you do not receive a courtesy notice by the date written at the bottom of your citation, you are still responsible to take action on or before the date listed on the citation. Please wait two weeks from the time you are cited before calling the Court to allow time for the citation to be processed.
Do I need to appear in Court to resolve this?
The date at the bottom of your ticket is the "promise to appear" date. It is not a court date but rather a ‘due’ date to resolve the citation in some way. Either by paying it or setting up a contested court date.
Only a small number of citations require individuals to appear in court, the courtesy notices for these citations will have the words "Mandatory Appearance" on them.
My Courtesy Notice does not say "Mandatory Appearance". What are my options for resolving this matter?
If you do not need to appear in person to resolve your matter, you have several options:
- Pay the full amount on the courtesy or final notice on or before the due date.
- Payments, and payments with requests for traffic violator school, may be made in person, by
phone or by mail. An appearance in Court is not necessary. For more information on traffic
violator school click here.
- If your citation requires a proof of correction you may need to provide appropriate documentation
or have your citation signed off by an appropriate party and mail it to or appear at the traffic
counter with your documentation to resolve your issue. For more information on correctable
violations click here.
- Payments, and payments with requests for traffic violator school, may be made in person, by
phone or by mail. An appearance in Court is not necessary. For more information on traffic
violator school click here.
- Plead Guilty and request that the bail be converted to community service work.
The Court has a community service work program for individuals who cannot afford to pay the bail on their citations. In addition, some individuals prefer community service work in lieu of paying the bail. There is a $27.00 set up fee and for every $10.00 of your bail, you must perform one hour of volunteer work with a Court approved organization. You will be given 30 days to complete each 30 hour increment of community service work.
An appearance in Court is not necessary. Court staff in C-10 can convert your bail to Community Service Hours and provide timesheets and information on community service work agencies. - Plead guilty and request a payment plan.
The Court offers two payment plan options that can be established at the Traffic Clerk's Counter without appearing in Court.
- The 30/60 day payment plan has no set up fee and you may put down however much you can afford
at the time you set up the plan. The remaining portion must be paid over the next two
months.
- The 90 day payment plan has a $35.00 set up fee and 25% of your bail amount is due when you
request it. You must pay the remaining portion in three even installments.
- The 30/60 day payment plan has no set up fee and you may put down however much you can afford
at the time you set up the plan. The remaining portion must be paid over the next two
months.
- Appear in court and plead guilty by the deadline indicated on the citation or courtesy notice. Individuals
who intend to plead guilty to the violations on the citation but cannot use one of the above options for
resolution may appear in "walk-in" traffic court.
Individuals often go to "walk-in" traffic court to do the following:
- Request Traffic School when they are otherwise ineligible
- Request a payment plan beyond the 90 day option
- Request Traffic School when they are otherwise ineligible
- Plead 'not guilty' by the deadline indicated on the citation or courtesy notice and set a trial date.
Individuals who wish to contest their citations may schedule a court trial at the Traffic Clerk's Office. Court trials are scheduled throughout the week at varying times. Individuals will be given a specific trial date and time to appear when they notify the Clerk’s Office of their intent to contest the citation. The law enforcement officer who wrote the citation will be subpoenaed to appear at the trial and you will be able to submit evidence and present your case at this time.
In accordance with Vehicle Code § 40519(a) and (b) the Court will require deposit of the entire bail amount to guarantee your appearance at the time and place scheduled for trial. You may appear in walk-in traffic court to request a waiver of bail prior to scheduling a not guilty trial.
Walk-in traffic court is held every Monday, Tuesday and Friday at 10:00 a.m. To appear in walk-in traffic court you must register first at the Traffic Counter in room C-10 before 9:00 a.m. - Request a trial by written declaration and plead 'not guilty'.
Individuals may request a trial by written declaration by appearing in person at the Traffic Clerk's Office or by writing to the Court to request this kind of a trial. Individuals often choose this option if they live far away from the Court.
This option may be used in lieu of a court appearance for individuals who are required to make mandatory appearances.
Individuals sometimes elect to appear in walk-in traffic court because they want to give the court an explanation about why they were cited. The judicial officer will not hear testimony or explanations during walk-in traffic court. To contest the citation individuals may plead 'not guilty' in the Traffic Clerk’s Office. Then the Court will set a date for a court trial and no appearance in walk-in traffic court will be required.
What if I need more time?
You can request a thirty (30) day extension at the Traffic Counter. Further extension requests will need to be made in walk-in traffic court.
What happens if I am issued a traffic citation and I do not appear or resolve it?
If you fail to pay the bail or appear in court, you may be charged with a failure to appear. You may be arrested and punished by six months in jail and/or a $1,000 fine regardless of the disposition of the original charge (Vehicle Code § 40508). In addition, any person who fails to appear as provided may be deemed to have elected a trial by written declaration (in absentia) pursuant to Vehicle Code § 40903(a) upon any alleged infraction, as charged by the arresting/citing officer. Your driver's license may be withheld, suspended, or revoked. In some courts, you may be charged an amount in addition to the bail amount and the case may be turned over to a collection agency (Penal Code § 1214.1). In addition, a $300 civil assessment may be added to the amount due.
What do I do if I missed my resolve by date?
Depending on your citation and the lapse in time, your case may have been sent to the Enhanced Collections Unit and a $300 civil assessment may have been added to the amount due. It is recommended that you call the Traffic Clerk's Office to determine your next step.
I’ve made arrangements for Community Service Work or a Payment Plan but my situation has changed what can I do?
Once you have entered into an agreement with the Court for a payment plan or community service work only a judicial officer can make a change. Walk-in traffic court is an opportunity to speak with a judicial officer and request a change in terms to your payment plan or community service work order.
Walk-in traffic court is held every Monday, Tuesday and Friday at 10:00 a.m. To appear in walk-in traffic court you must register first at the Traffic Counter in room C-10 before 9:00 a.m.
Fix-It Tickets/Proof of Correction
What do I do if I receive a Notice to Appear "fix-it" ticket? How do I show proof of correction?
When a violation is eligible for correction, the "yes" box is checked in the "Correctable Violation (Vehicle Code § 40610)" portion of your citation and your courtesy notice will have two bail amounts, one if the item is not corrected and a reduced bail if proof of correction is submitted.
Upon correction of the violation, have a law enforcement officer sign the reverse of your ticket or courtesy notice in the "Certificate of Correction" section.
Registration, insurance and driver's license violations may be corrected at an office of the California DMV, or by a clerk of the court with proper proof. The violation will be dismissed by the court after proof of correction and payment of transaction fees are presented to the court by mail or in person by the appearance date.
It is an individual’s responsibility to show proof of correction to the Court and to pay all applicable fees to close the case, the DMV will not notify the Court of corrections.
What if I did not have insurance/license when I got the ticket but I have it now?
You must pay the fines even if you now have insurance/license. Only a judicial officer can adjust the fine amount.
What if it is not my vehicle?
If you signed the ticket, you are responsible for taking care of the citation.
Traffic School
You must pay the bail plus a non-refundable administrative fee of $49.00 when requesting traffic school. The court accepts certificates from traffic schools or on-line traffic schools accredited by the state of California. You must submit satisfactory proof of completion to the Court by your due date. The citation will be reported to the Department of Motor Vehicles (DMV) as a traffic school dismissal. If you sign up for traffic school and fail to file the certificate of completion by the due date, the traffic school fee you paid will be deemed as bail and forfeited, and DMV will be notified of a conviction.
If I go to Traffic School do I still have to pay my full bail?
Yes, traffic school cannot be taken in lieu of paying bail, but is an option to reduce the impact of an infraction on your driving record and insurance rates.
By completing traffic school, will the ticket be taken off my driving record?
No, the violation remains on your driving record with the DMV. The court clerk reports to the DMV that you have attended traffic school. The DMV will suppress this information from your insurance company.
Who is eligible for Traffic School?
Generally, you can go to traffic school if:
- you have a valid driver’s license and
- your ticket is for an infraction that is a moving violation
- you are age 18
- you have not attended in the last 18 months (from violation date to violation date).
You cannot go to school for any:
- Misdemeanor
- Violation that has a mandatory Court appearance
- Alcohol related violation
- Or, if you have a commercial drivers license ( see section VC40005 on this state code page). This applies to any holder of a commercial drivers license regardless of the type of vehicle being driven at the time of the violation.
How do I register for Traffic School?
It is your responsibility to identify, register and complete a traffic school course. Courses may be taken from any Department of Motor Vehicle approved/accredited traffic school course. Traffic Schools are private businesses and, as such, charge fees to attend.
You will have 60 days to complete traffic school and submit your original Traffic School completion certificate to the court.
You can either mail proof of completion to the Court or take it in person. If the lines are too long, you can put the proof in the express drop box, located on the wall to the left of the counter.
You should not rely on the Traffic School to send proof to the Court.
Can I take Traffic School if I am on a payment plan or doing Community Service Work?
Yes, if you are eligible for traffic school you may attend regardless of how you are paying for or working off your fine.
Traffic Appeals
What is an appeal?
If you are found guilty at your traffic trial, you are allowed to appeal the Court's decision.
An appeal is NOT a new trial. It is when the appellate department of the court reviews the evidence (testimony and exhibits) already presented at the original trial.
The information sheet Information on Appeal Procedures for Infractions (CR-141-INFO) is available by clicking here.
Can anyone ask for an appeal?
To ask for an appeal, one of two things must have happened:
- (1) The evidence in the trial court was not enough to justify the Court's decision; or
- (2) There were errors of law during or before the trial that hurt your case.
To decide if the evidence was not enough to justify the decision, the appellate court will review the record.
Is there a deadline to file an appeal?
Yes. You must file a Notice of Appeal and Record of Oral Proceedings (CR-142) within 30 days of entry of judgment or court order. If you miss the deadline, you lose your right to appeal.
Does the appeal stop the judge's sentence?
No. An appeal does not stop the sentence unless the judge orders it to be stopped until your appeal is worked out.
Do I have to file any other papers after the Notice of Appeal?
Yes. You must file a Proposed Statement on Appeal (CR-143) within 15 days after you file the notice of appeal. Or, you can file this paper at the same time as the Notice of Appeal and Record of Oral Proceedings (CR-142).
Your Proposed Statement on Appeal (CR-143) must say why you are appealing.