Traffic / Infractions

Overview

Traffic Division cases are commenced after a law enforcement officer issues a citation, also called a ticket. Citations can be issued for infraction violations of traffic laws and other non-traffic offenses including Boating and Fish and Game. The Traffic Division handles infraction violations of all laws. Infractions are not punishable by jail or prison and not subject to trial by jury; rather, the punishment is a fine. Common examples of traffic infractions are speeding, failure to provide proof of insurance, and failure to provide a current vehicle registration. Driving Under the Influence (DUI) cases are criminal matters and are handled in the court's Criminal Division. When the Court receives the citation from the issuing agency you will be able to view the citation information as well as fees/fines owed by using the Online Case Search. The citation may not be in the system until 30 days prior to the court date listed at the bottom of your citation.

Parking Tickets

Most parking citations are handled by the local city that issued the ticket. However, several parking situations are processed through the Superior Court. These include:  Disabled parking provision violations, or parking near sidewalk access ramps or curbs constructed to provide wheelchair accessibility.

Types of Trials

• Traffic Court Trial
• Traffic Trial By Written Declaration
• Traffic Trial De Novo

If you are entering a plea of not guilty and proceeding to trial, there are two types of trials in infraction cases. One type is a 'Traffic Court Trial' and the second type is a 'Traffic Trial by Declaration.'

TRAFFIC COURT TRIAL

A court trial is an examination of facts and law and is presided over by a judge or commissioner. You must be prepared to produce all evidence, documents, or witnesses to support your case. The court trial can be requested at your arraignment or you can request a court trial without appearing for arraignment by completing the Request For Trial Form  and returning it to the court. 

What if I need witnesses and documents at time of trial? Email us to  Request a Subpoena Packet.

The following requirements must be met to qualify for a court trial without appearing for arraignment:

• Violation(s) must be infractions only;
• No prior failure to appear on the case;
• A written Not Guilty plea must be entered. Obtain the   Request For Trial form

TRAFFIC TRIAL BY WRITTEN DECLARATION

Vehicle Code section 40902 allows a defendant to contest citations in writing, without having to make a personal court appearance. This procedure is called a “trial by declaration.” Trials by written declaration are available in cases involving infraction violations of the Vehicle Code or of local ordinances adopted under the Vehicle Code. You can request a trial by declaration by completing the Request For Trial Form  and returning it to the court. The following requirements must be met to qualify for a Trial by Declaration:

• Full fine/bail must be paid (cannot be paid by credit card);
• Violation(s) must be infractions only;
• No prior failure to appear on the case;
• Enter a “not guilty” plea in writing.   Obtain the Request For Trial form

Neither you nor the officer will appear in court. The court will consider the case based upon the forms completed by you and the officer, and the court will mail you the Decision and Notice of Decision. If you do not agree with the court's decision, please see the section below on Trial de Novo (request for new trial).

TRAFFIC TRIAL DE NOVO (REQUEST FOR NEW TRIAL)

If you were found guilty after a trial by written declaration you can file a request for new trial. Vehicle Code 40902(d) provides for a trial de novo for a defendant who is dissatisfied with a decision of the court. You must request the Trial de Novo within 20 days of the date the clerk mailed the Notice of Decision by filing the form Request for New Trial (Trial De Novo) Judicial Council form TR-220.

TRAFFIC SCHOOL ELIGIBILITY

You may choose to attend Traffic Violator School for certain vehicle violations. Commercial drivers cited while exercising Class C or Class M driving privileges.

ELIGIBILITY

You May be Eligible to Attend Traffic School If you Meet the Following Requirements:

• You had a valid driver's license at the time you were cited.
• You have NOT attended Traffic School on a prior citation within 18 months + 1 day of your present citation.
• You were not cited for speeding in excess of 100 miles per hour. Traffic school for speeding in excess of 25 miles per hour over the posted speed limit must be ordered by the Judge.
• Your citation is for a moving violation and does not require a mandatory appearance.
• You do not have a Failure to Appear hold on license or Civil Assessment. The Failure to Appear charge must be adjudicated or paid in full before you can attend Traffic School.
• Violation does not involve alcohol, drug use or possession.

 If you are not eligible to attend, but do so anyway, the conviction will be reported on your driving record and there will be no refund of any fees paid.

PAYMENT AND FEES

If you meet the requirements and wish to attend Traffic School you will be required to pay an additional court fee of $77.00, in addition to the amount of bail/fine indicated on your courtesy notice. Checks may be made payable to Amador Superior Court. There will be a separate fee collected by the Traffic School you choose to attend. Upon receiving Proof of Completion of Traffic School in a timely manner, the conviction will be held confidential and not show up on your driving record.

If you are requesting a Traffic Court Trial or a Traffic Trial by Declaration do not send the $77.00 until you are convicted. A Court Clerk must help you complete an Agreement To Pay Traffic Violator School Fees In Installments which must be received before your Arraignment with at least 10% of the total fine/bail (this amount will be reflected on the Agreement form). If you choose this option, a $30.00 Administrative Fee and the $77.00 traffic school fee will be added to the total due. You must appear at the public counter to complete this process

Payment Must Be Made By Check, Cashier’s Check, Or Money Order Payable To Amador Superior Court. (Do Not Send Cash)

Prior to submitting payment by check, be sure to check the following:

• Your name must be pre-printed on your check.
• Date is correct. (We do not accept postdated checks.)
• Dollar amount and written amount are correct and match.
• Case number is written on the check to ensure payment is credited to proper account.
• You signed your check

REQUESTING TRAFFIC SCHOOL

You may appear at the traffic window at Amador Superior Court, or you may mail the total bail/fine amount plus the $77.00 court administrative fee to:

Amador Superior Court, 500 Argonaut Lane, Jackson, CA 95642

To view the list of available "Traffic Schools" go to: http://ctsi- courtnetwork.org/amador-county/

To view the status of your "Traffic School Completion Certificate" go to: http://courtcertservice.com
Step #1: Click on the drop down arrow in the "Select County Cited In" box and select AMADOR .
Step #2: Fill in personal information in remaining fields.
Step #3: Click "Check Status" button.

FAILURE TO COMPLETE TRAFFIC SCHOOL

If you fail to attend court ordered Traffic School, return the Certification of Completion within 60 days of order or payment, or decide not to attend, the fee will be converted to bail and bail will be forfeited. No further proceedings will be held and the violation will show on your driving record. Your automobile insurance may be adversely affected.

PROOF OF CORRECTION

If one or more of the violations are correctable offenses, your bail/fine may be reduced by providing proof of correction. The Proof of Correction fee is $25.00 per correction. You must provide proof of correction for any correctable violations to have your bail/fine reduced, pursuant to 40610 of the California Vehicle Code. Should you choose not to provide proof of correction you may pay the "Total Amount Due" indicated on your courtesy notice. Proof of correction cannot be provided over the phone or on the internet. The Proof of Correction, along with the reduced bail amount, must be received by the court before your Arraignment date.

Proof of correction for various violations may be obtained in the following ways:

• Any violation (equipment, driver's license, registration or insurance) considered correctable may be signed off by a law enforcement officer.
• Driver’s license and registration violations may be certified at any DMV office or by the Court Clerk.
• Insurance violations can be signed off by a DMV office, or the Court Clerk.

Proof of Liability Insurance on the vehicle effective prior to the issue date and time of your citation reduces the bail on that charge to $25.00. For a reduction in bail/fine, your vehicle must have been insured at the time you received the citation. The Proof of Insurance (NOT the declaration attached to your policy), along with the reduced bail/fine, must be received by the Court before your Arraignment date.

Proof of Insurance can be:

• A Letter from your Insurance Company.
• Your insurance card showing proof of insurance.
• A copy of your policy showing the vehicle and date of coverage.

 Self-certification of corrections is not acceptable.
Sale of the vehicle does not relieve you of the responsibility for correcting the violations you were cited for.

PAYMENTS

• If you are charged with a misdemeanor violation, you must appear in court on the date and time indicated on your citation or notice to appear.
• Payment of your fine in full on or before your due date closes your case. You do not need to appear in court.
• Payment and any required proof of correction must be received on or before the scheduled arraignment date.
• A $50.00 fee will be assessed by the court on all checks returned for non-sufficient funds.
• Payment must be made by Check, Cashier’s Check, Money Order or Credit Card.

Made Payable To Amador Superior Court (DO NOT SEND CASH).

Prior To Submitting Payment By  Check, Be Sure To Check The Following:

• Your name must be pre-printed on your check.
• Check must be made out to "AMADOR SUPERIOR COURT".
• Date is correct. (We do not accept postdated checks).
• Dollar amount and written amount are correct and match.
• Case number is written on the check to ensure payment is credited to proper account.
• You signed your check.

Failure to pay your court ordered fine may result in the total amount due, plus an added penalty of over $300 for failure to pay, and your case may be forwarded to an outside collection agency.

Payment By Credit Card

You may pay the full bail (fine) prior to your court date in the following ways:

• by using the Amador Court's Online Payment System,
• by calling nCourt Electronic Payment services 209-257-6303 or
• by calling the Clerk's Office 209-257-2605 or
•  by accessing the online Official Payments website.

You will need your citation number which is listed on the upper right corner of your ticket or on the courtesy notice mailed to you by the court. A convenience fee will be added to your credit card for either of these transactions. If you choose to attend traffic school, be sure and add the $67.00 traffic violator school fee to your total bail due. Proof of correction cannot be provided over the phone or on the internet. See Proof of Correction.

Payment By Mail

If you are not required to appear in court, you may mail the full bail, plus any applicable proof of correction to:

Amador Superior Court, 500 Argonaut Lane, Jackson, CA 95642

Payment In Person

You may pay your bail and provide proof of correction by appearing at Amador Superior Court on or before the scheduled court date.

Payment In Installments

A Court Clerk must help you complete the Agreement to Pay and Forfeit Bail in Installments which must be received before your Arraignment with at least 10% of the total fine/bail (this amount will be reflected on the Agreement form). If you choose this option, a $30.00 Administrative Fee will be added to the total due.

THE COURT DOES NOT SEND OUT MONTHLY STATEMENTS ON YOUR ACCOUNT.

It is your responsibility to pay fines by your monthly due date. You must appear at the public counter or call the clerk's office to complete this process.

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