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How do I fight a speeding ticket in California?

Federal & State Law Editorial TeamLast reviewed: 2026-05-17

California gives speeding ticket holders multiple fight options under the Vehicle Code and Code of Civil Procedure.

1. Pay vs. Contest

  • Pay: admission of guilt, point hits your driving record and insurance.
  • Contest: appear in person at arraignment and trial, or file Trial by Written Declaration (TBWD).
  • Trial by Written Declaration (CCP § 5106 / Veh. Code § 40902): submit form TR-205 + the bail amount. If the officer fails to file a written statement, the case is dismissed. If you lose, you may request a Trial de Novo (in-person retrial) within 20 days.

    • 2. Traffic Violator School (TVS)

    Allowed once every 18 months under Veh. Code § 41501 for minor 1-point moving violations (under 25 mph over limit). Conviction stays on the DMV record but is masked from insurers. CDL holders are ineligible (49 CFR § 384.226).

    3. Speed Limits & Reckless Threshold

    Veh. Code § 22349 sets the maximum at 65 mph (or 70 on posted segments). Speeds of 100+ mph trigger enhanced penalties under Veh. Code § 22348 — fines up to $500 and a 30-day suspension. Reckless driving (Veh. Code § 23103) is charged for willful disregard, often at 80+ mph or 30+ over limit.

    4. Points & Insurance

    1 point for most speeding, 2 points for 100+ mph or reckless. NOTS suspends at 4 points/12 months. Insurance surcharges last 3 years.

    5. Defenses & Discovery

    Subpoena the officer (Penal Code § 1326), the radar/lidar calibration log (typically 30-day calibration cycle), and the officer's certification. Cross-examine on pacing distance and traffic conditions.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Speed above reckless threshold (80+ mph or 30+ over limit)
    • CDL holder facing any moving violation
    • License suspension imminent due to NOTS points
    Related Statutes & Laws
    • Cal. Veh. Code § 22349
    • Cal. Veh. Code § 22348
    • Cal. Veh. Code § 23103
    • Cal. Veh. Code § 40902
    • Cal. Code Civ. Proc. § 5106
    • Cal. Veh. Code § 41501

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.