Fullerton Traffic Tickets

If you receive a traffic citation anywhere in North Orange County, your traffic case will be heard at the North Justice Center in Fullerton, CA.  Fullerton Traffic court will handle tickets issued by the

• Fullerton Police Department
• Anaheim Police Department
• Buena Park Police Department
• Brea Police Department
• La Habra Police Department
• California Highway Patrol, or CHP
• Orange County Sheriffs

Procedure in Fullerton Traffic Court

When you get the ticket there will be a date on the bottom of the ticket that says to appear on or before a set date at the Fullerton Traffic Court or the North Justice Center at 1275 N Berkeley Fullerton, CA 92832.    Most people assume that this date is their “court date” but if you show up in court on the date on your ticket, you will not be able to see a Judge that day.

Think of the date on the bottom of the ticket like a deadline to take action on the ticket.  By that date you must do one of the following

• Pay the ticket in full
• Request an extension
• File a trial by declaration
• Schedule a court date for arraignment

Scheduling an Arraignment in Fullerton traffic court

If you have decided to fight your traffic ticket at the Fullerton courthouse, your first court date will be the arraignment.  As mentioned above, you must schedule an arraignment date in order to appear in court.   You can schedule a Fullerton traffic court arraignment date online, or you can go to the courthouse and schedule a date with the traffic clerk.   You can not schedule a court date by phone.  Calling the courthouse is a complete waste of time as you will only reach an automated line.

Your arraignment in Fullerton traffic court

Once your court date rolls around you will probably be nervous and maybe a little scared, but at least you finally get to tell the Judge your side of the story and take care of your case right?  Wrong!  You only have two options at the arraignment.  Plead guilty or plead not guilty.

90% of the people in traffic court show up at the arraignment and plead guilty.   Most of them will try to give an explanation to the Judge or beg for a reduced fine, dismissal, etc.  For the majority of these people, that’s a terrible decision.   You could have plead guilty by mail, at the clerks window, or online, and saved yourself this trip to court.

If you really want to fight your ticket, don’t plead guilty at the arraignment, plead NOT GUILTY and set a date for trial.

Appearing at your trial in the Fullerton traffic court

If you have made it this far congratulations!  At the trial you actually get the chance to present your case and the chances are pretty good that you will beat your ticket or get it reduced in a way that will benefit you significantly in the long run.   The trick to getting a good result at trial is understanding the basics of California traffic court procedure.

Step one is finding out if the officer who issued you the ticket has made it to court for trial.  If the officer fails to appear at the trial your ticket will be completely dismissed.  It does not matter if you are guilty or innocent or what evidence you have to present.  No officer, no ticket….You win!  Everyday at the Fullerton traffic court you will see a long line of happy faces leaving the traffic trial division after their cases have been dismissed when the Officer who issued the ticket failed to appear for trial.

If you aren’t one of the lucky ones and your Officer made it to court, you still have plenty of options.  You can talk to the officer and the Judge to see if they will dismiss, reduce,  or amend your citation.   At this stage it pays to be direct.  Don’t give excuses, just tell them what you want and you just might get it!   If you don’t get the deal you are looking for then it’s time to make an important decision.

If you are facing a moving violation and you are eligible for traffic school, you should seriously consider entering a guilty plea before your trial begins.   If you proceed to trial and you are found guilty, the Judge will likely deny you the option of attending traffic school after trial and the point will stick on your record.

If you are not eligible for traffic school, or if your case is for a non moving violation, it’s time for trial!  A traffic trial is a fairly informal procedure and usually moves very quickly.   It is however conducted by the very same rules of procedure and evidence as a criminal trial.   This means that if you (or your lawyer) have a good understanding of  the California Vehicle Code, the California Penal Code, and the California Evidence code, you will have a huge advantage in traffic court.

Here are some quick tips

• the officer will testify first, don’t interrupt unless you are making legal objections.  If you don’t know how to make legal objections just listen.
• Next it’s your turn to cross examine the officer.  Be sure to ASK QUESTIONS at this stage.  Do not argue with the officer or tell your side of the story.   Ask only leading questions so that you can control the information being elicited during cross examination.
• After cross examination is over, now you can testify and give your side of the story.  You can call other witnesses to testify, present photos or diagrams, or anything else that you think will help your case.
• Evidence must be relevant and legally admissible.  If the Judge tells you that you can not use a certain piece of evidence, simply move on unless you are prepared to argue the legal grounds for admission.
• The Judge will issue a ruling and find you guilty or not guilty on each charge.  Do not argue with the Judge while the ruling is being issued or it could negatively effect your sentencing.

Getting more help in Fullerton Traffic Court

You also have the option of hiring an attorney to go to Fullerton traffic court on your behalf.  If you hire a lawyer, the lawyer can appear for you and save you the time and effort of going to court.   An experienced traffic lawyer can also help you achieve the best possible result at the Fullerton traffic court.  On the other hand, sometimes it just doesn’t make sense financially to spend the money on a lawyer for a minor traffic offense.

Whether you should handle your own case in Fullerton traffic court or have a lawyer go for you is a personal decision.  Only you can decide if it makes sense in your circumstances to bring in the help of a professional.  Here are a few guidelines to help you decide

Good times to get a lawyer for Fullerton traffic court

• You are a commercial driver
• You are not eligible for traffic school
• You were cited for speeding at 85mph or more
• You have a failure to appear
• You have  suspended license
• You don’t have a drivers license
• You have a warrant
• You were cited for speeding 100mph or more
• You were cited for reckless driving
• You were cited for street racing
• You can’t make it court because of work
• You live outside of Southern California
• Your ticket was issued after a traffic accident
• You have multiple pending tickets
• You have other points on your driving record

Maybe you should handle it yourself

• Your ticket is for a non moving violation
• You don’t want to pay the ticket and you are hoping it would be cheaper to hire a lawyer
• You are eligible for traffic school and you just want to see if the officer will show up for trial before you accept traffic school
• You have a correctable violation

If you think you might be interested in having me handle your case give me a call at 800-797-8406 or email me at attorneygallagher@gmail.com for a free consult.  Together we can figure out the best plan for your scenario.