Traffic and Infractions (Adult)

Fines and fees are set by the legislature and published by Judicial Council in “bail schedules” which are distributed to the California Courts for implementation. The purpose of the bail schedule is to provide uniform bail and penalties (fines and fees) throughout the state and provide judges with a guideline for use during sentencing.

For the latest bail schedule, please see the Judicial Council website.

Please wait at least ten days from the day you receive your citation to contact the Court. The issuing agency needs time to process the citation and deliver it to the Court, and the Court needs time to enter your citation into its computer system. Court clerks cannot quote bail amounts to you until your citation has been entered in the Court’s computer system.

If you have questions about the officer or the way he wrote the citation, you should contact the issuing agency.

You should contact Sutter County Superior Court.

If your citation is for an infraction, you should receive a “courtesy notice” from the Court approximately ten days after date you received the citation. The courtesy notice will give you information and options for taking care of your citation. The Court will mail the courtesy notice to the address on the citation. If your address is not correct on your citation, you should contact the Court; however, you should wait approximately a week to ten days after you received the citation before you call the Court to give the Court time to receive and process the citation.

It is your responsibility to clear the citation even if you do not receive a notice from the Court.

The officer who wrote your citation provided your court appearance date and time at the bottom of the citation. The officers typically write the address and phone number of the Court as well. If you do not see this information on the bottom of the citation, it will be on the courtesy notice you receive from the Court.

Your citation includes an appearance date and time. If you fail to appear by that date, your driver’s license may be suspended, a warrant may be issued for your arrest, and/or additional fines and fees may added to your citation.

The courtesy notice will provide all the information you need to pay your fine (forfeit your bail.) You may pay your fine in person or through the mail. Please note that if you pay a moving violation (speeding, running stop sign, etc.) and do not attend traffic school, the Court is required to report a traffic conviction to DMV and your insurance may be adversely affected.

The Court’s traffic clerks are authorized to grant you a one-time 60-day extension after you receive your courtesy notice. Your request must be either in writing, in person at the clerk’s office, or online at www.yuba.courts.ca.gov. You will be given a new due date (either online or in writing). It is your responsibility to follow up on your citation and make sure it is resolved before the due date.

Any law enforcement agency can sign-off correctable violations. If you have registration or transfer of ownership violations, you can also go to DMV to get them signed-off. Some agencies will charge you a fee to sign-off on your citation. In addition, the Court will charge you a separate fee to process your signed-off citation. If you cannot provide a proof of correction to the Court for your correctable violations, you must pay the bail amount (fines and fees) indicated on your citation.

A traffic clerk can schedule you for an appearance on the walk-in calendar. On your court day, you will need to bring any information you want the judge to consider.

If you receive a traffic citation and you feel you are not guilty, you should go to the Court on or before the date and time indicated on the citation, or the courtesy notice, and tell the clerk you want to plead “not guilty.” The traffic clerk will give you a form to fill out and will also give you a trial date. You may also plead “not guilty” by writing a letter to the Court and including a check for the amount of bail (fines and fees) owed. You may fill out the Infraction Option Form (CN06033) and mail it or bring it to the Court.

FORMS

Infraction Option Form CN06033

1. When traffic bail is not required:

You have the right to appear in court for arraignment to contest the alleged traffic infraction without prior deposit of bail. (Cal. Rules of Court, rule 4.105.) If you choose NOT to post bail under the options described under #2, below, you must appear as instructed on the citation, even if you do not receive a courtesy notice. When you appear for an arraignment hearing, you will enter a plea. If you plead not guilty at arraignment, you may ask for a court trial on a separate date.

The court may require payment of bail at arraignment before trial if:

• you do not sign a promise to appear as ordered by the court, or
• the court finds (and states the reasons for the findings) that, based on the circumstances of your particular case, you are unlikely to appear without a deposit of bail.

(Cal. Rules of Court, rule 4.105(c).)

2. When traffic bail is required:

A. Post (pay) and forfeit bail:

If you do not wish to challenge your traffic citation and there is no mandatory court appearance, you must pay the bail for noncorrectable violations and provide proof of correction and pay the fees for any correctable violations by the due date on the citation. The court will report a conviction for any non-correctable violations to the Department of Motor Vehicles (DMV).

B. State your intention to plead not guilty and request a trial date:

If you want to plead not guilty and schedule a court trial, you may tell the court, in person or in writing, that you intend to plead not guilty. Your case will be set for an arraignment and trial date on the same day, unless you request arraignment and trial on separate days. To take advantage of this convenience, deposit of traffic bail is required. (See Vehicle Code section 40519(a).) If you are found not guilty at trial, your bail will be returned.

C. Plead not guilty in writing and request a trial date:

If you want to plead not guilty in writing and schedule a court trial, you may do so by mail or in person with the clerk. Your case will be set for an arraignment and trial date on the same day, unless you request arraignment and trial on separate days. To take advantage of this convenience, deposit of traffic bail is required. (See Vehicle Code section 40519(b).) If you are found not guilty at trial, your bail will be returned.

D. Trial by written declaration:

You may avoid all court appearances by choosing to have a trial by written declaration. This means that instead of going to court to contest your case, you and the citing officer provide testimony and any evidence in writing. (See Vehicle Code section 40902.) You must post the bail amount to use this procedure. If you are found not guilty, your bail will be returned. (See further discussion below, under “Trial by Written Declaration,” for more information about this procedure.)

Your infraction trial will be heard by a judge or a “pro tem judge.” The law enforcement officer who issued your ticket will appear and testify as to why he or she gave you the citation. You or your lawyer can (a) present evidence, (b) present legal arguments, (c) bring witnesses to testify on your behalf, and (d) question the officer who gave you the citation. If you are represented by an attorney, the District Attorney’s office will represent the issuing agency at the trial.

You may ask for a “trial by declaration” if you cannot appear for a trial. This informal method of trial can benefit persons who have difficulty taking time off from work or for persons who have transportation problems or live a long distance away. (Please note that if your citation is written for a misdemeanor rather than an infraction, you are not eligible for a trial by written declaration.)

If you elect this option, you must submit your request for a trial by written declaration on or before the appearance date shown on your citation. Your case will be decided without requiring that you appear in court. The form Instructions for the Trial by Written Declaration (TR-200) outlines the process to obtain a trial by written declaration. The form Request for Trial by Written Declaration (TR-205) must be used to request a trial by written declaration. You can also get the forms below or from the Court’s Traffic Division either by mail or in person.

All forms must be filled out completely and signed. You must send in the full amount owed on your citation with the Request for Trial by Written Declaration (TR-205). The Request for Trial by Written Declaration, your statement, and the full amount owed must be sent to Yuba County Superior Court.

FORMS

Instructions for Trial by Declaration TR-200

Request for Trial by Written Declaration TR-205

You may have a subpoena issued by the traffic clerks and served on the person you want to come to court to testify for you. The form to use is Order to Attend Court or Provide Documents: Subpoena/Subpoena Duces Tecum (Judicial Council form CR-125). Once you have completed this form, bring the original and two copies of it to the clerk’s office. A traffic clerk will issue the subpoena, but you are responsible for having it served on the person you want to have testify. You should bring any evidence you want the judge to see or hear with you to your trial. The Court does not provide equipment for presenting your evidence, so if you need equipment, you must bring it with you.

If you have requested a trial by declaration, your witnesses may submit declaration(s) by mail not less than two days before your trial date. You may also include sketches, diagrams or photographs as exhibits to be reviewed by the judge at trial.

FORMS

Subpoena CR-125

If you are having a trial by written declaration, the Court will request a written declaration from the police officer who issued your citation. Your statement, along with any statement you submit from a witness or any sketch, diagram or photograph, and the statement from the police officer will be referred to a judge for his/her review.

If you are not having a trial by written declaration and are instead appearing for a court trial, the Court will notify the officer of the date and time of the trial. .

The judge has 90 days to make a decision on your case. You will be notified by mail of the judge’s decision. If you are found “not guilty,” your money will be refunded to you by mail within approximately three weeks from the date of the judge’s decision. If you are found “guilty,” the Court will impose a sentence. If the sentence is a fine, the fine amount will be taken from the money you paid, which is commonly referred to as “forfeiting bail”

If the fine is less than the amount of money you paid, the balance will be refunded to you within approximately three weeks from the judge’s decision. If the fine is more than the amount you paid, the Court will notify you of the additional amount of money you must pay and the date it is due.

The judge has 90 days to make a decision on your case. You will be notified by mail of the judge’s decision. If you are found “not guilty,” your money will be refunded to you by mail within approximately three weeks from the judge’s decision. If you are found “guilty,” the Court will impose a sentence. If the sentence is a fine, the fine amount will be taken from the money you paid which is commonly referred to as “forfeiting bail.” If the fine is less than the amount of money you paid, the balance will be refunded to you within approximately three weeks from the judge’s decision. If the fine is more than the amount you paid, the Court will notify you of the additional amount of money you must pay and the date it is due.

If you are not satisfied with the Court's decision, you may ask for a new trial ("trial de novo".) In order to obtain a new trial, you must file local form Request for New Trial (Trial de Novo) (TR-220) within 20 days after the date the Court's decision was mailed to you.

FORMS

Request for New Trial (Trial de Novo) TR-220

You must file an appeal within 30 days of the judge’s decision. Instructions are provided in the Judicial Council publication Information on Appeal Procedures for Infractions (CR-141-INFO). To file an appeal, you should complete the Judicial Council form Notice of Appeal and Record of Oral Proceedings (Infraction) ( CR-142), sign it and return the original and two copies to the Court. You will be notified of a court date by the appeals clerk.

FORMS

Information on Appeal Procedures CR-141-INFO

Notice of Appeal (Infraction) CR-142

There is no fee for filing an appeal or requesting a trial de novo.

If you did not have insurance (proof of financial responsibility) at the time the citation was issued, you may pay the full bail/fine amount for this violation, or you may obtain insurance and pay a reduced bail amount. You must submit proof of insurance (as described in the answer to the next question) to a traffic clerk to receive credit for “correcting” the violation.

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 should submit proof (as described in the answer to the next question) and pay a “proof of correction” fee. The Court will dismiss the violation when it receives proof of financial responsibility and payment of the fee.

Acceptable proof of financial responsibility must include the following information:

• Name of the insurance carrier
• Policy number
• Effective dates of coverage
• Name of person who received the citation and/or the vehicle listed on the citation

If the proof does not include the required information it will not be accepted by the clerk as proof of correction.

Traffic school is a type of diversion for infraction citations. Upon completion of traffic school, your violation will be marked confidential within DMV. If you pay a moving violation (speeding, running stop sign, etc.) and do not attend traffic school, your insurance may be adversely affected.

You must meet the following criteria to be able to sign up for traffic school:

• You must currently possess a valid driver's license.
• The violation(s) on your citation must be eligible.
• You may not have attended traffic school in the last 18-month period.
• Your citation must not have defaulted to a “failure to appear.“
• Your citation must not be related to alcohol use or possession of alcohol.
• Your citation must not be related to drug use or possession of drugs.

If you have any questions about your eligibility contact the DMV for further information.