The Traffic Division processes adult and juvenile traffic and minor offense matters noted below:

• traffic infraction violations;
• traffic misdemeanor vehicle code section 12500a-unlicensed driver (all other misdemeanor vehicle code violations including driving with a suspended license or driving under the influence of alcohol or drugs are processed in the Criminal Division);
• minor county and city local ordinances, including animal control violations; and
• juvenile traffic and minor offenses

Traffic infractions are enforced by the issuance of traffic tickets ("citations") by law enforcement agencies. It is important to read the information on the front and back of the citation.

Information to note on the citation is the:

• Citation number
• Date and time of the citation
• Violations for which you were cited
• Place and time that you promised to appear

The Court mails a courtesy notice to the address shown on the citation approximately 2 weeks prior to the due date on the bottom of your citation.

The courtesy notice contains the following information:

• bail amount
• due date to pay or appear
• information regarding traffic school eligibility
• any proof of correction requirements needed to clear the citation
• information on how to contest a citation

Court employees cannot quote bail or provide information to you regarding your citation until the Court receives the citation from the citing agency which may take up to two or three weeks. If you do not receive a courtesy notice within one week prior to the appearance date on the bottom of your citation, it is your responsibility to contact the Court for bail or appearance information. Please call or visit the Marina Traffic Division during normal business hours.

If you are required to appear in Court, you will receive a mandatory appearance notice with a date and time to appear in Court.

If you fail to appear or pay your bail by the due date, your case will be referred to a collection agency with increased penalties listed below:

• a civil assessment up to $300 pursuant to Penal Code 1214.1
• a hold placed on your driver’s license and/or
• a warrant issued for your arrest

The Court does not process parking violations. Please contact the number indicated on the parking citation for processing details.

You may pay your citation using the following options:

By mail. You may send a check or money order in United States funds made payable to the Monterey County Superior Court. To ensure proper credit, write the name of the person who received the citation, if different from the name imprinted on the check, the case number or citation number on the front of the check. Please do not send cash. The mailing and street address for the Marina Court Division, which is the location accepting traffic payments, is on the Court Locations page

By credit card. Credit card payments can be made for most traffic and minor offense violations through the web. The Court accepts Visa, Mastercard and American Express through the automated system. A small convenience fee will be charged by EDS*Pay in addition to your bail or fine, and will appear as a separate item on your credit card statement. Please visit our website and click on the Traffic On-Line E-Pay icon.

The following transactions cannot be processed through the on-line system:

• Juvenile matters
• Matters referred to a collection agency
• Owner responsibility citations (vc40001a series)
• Monthly payments

In person: You may appear at the Marina Court location during normal business hours.

Drop box: For your convenience, a drop box for payments is available at the Salinas, Monterey and Marina court locations. The payments will be forwarded on the following court business day to the Marina Traffic Division for processing. PLEASE DO NOT PLACE CASH IN THE DROP BOX.

• Mechanical violations: You may go to any police agency after you have corrected the violation and they will sign-off on the back of your citation. The police agency may charge a processing fee for this service. Once the citation is signed off by the police agency, you must return this citation with the appropriate court fees to the Court by your due date.
• No registration or lack of current tags: If you do not have current valid registration, you must go to the Department of Motor Vehicles (DMV) to pay your fees. DMV staff will sign-off on the back of your citation and will provide you a print out of your current registration. The proof of current registration or your signed off citation must be shown to the court clerk and you must pay a court fee which is indicated on the courtesy notice. You may be required to appear in court if you are unable to provide proof of current registration to the court clerk.
• If you had current registration at the time of your citation but did not have it in the vehicle, you do not need to go to the Department of Motor Vehicles (DMV); however, you must show your registration to the court clerk and pay the appropriate court fees by your due date.

To resolve insurance violations, you must take the following action:

• Proof of insurance that was valid prior to the issuance of your citation: The proof of insurance must specify the vehicle cited in addition to the effective dates (which must cover the date of the violation) When this proof is shown to the court clerk you must also pay the appropriate court fees by the due date.
• Proof of insurance that was obtained after the issuance of your citation: The proof of insurance must specify the vehicle cited in addition to the effective dates. When this proof is shown to the court clerk, you must also pay the appropriate court fees by the due date. The Court is required to assess a minimum fine pursuant to Vehicle Code 16029.
• An accident occurs and you are driving without insurance: Pursuant to Vehicle Code 16028(c), this is a mandatory court appearance and you must appear in Court. If you show proof of valid insurance and pay the appropriate court fees two business days prior to your court appearance date, the case will be taken off calendar. The proof of insurance must specify the vehicle cited in addition to the effective dates.
• If you no longer own the vehicle or cannot show proof of insurance, it is still your responsibility to clear the citation by either paying the bail or appearing in Court. If you have junked the car, a receipt from the wrecking yard may be submitted to the Court for review and decision.

TRAFFIC SCHOOL NOTICE: If you are eligible and decide not to attend traffic school your automobile insurance may be adversely affected. You are not eligible for Traffic School if you attended Traffic School within the last 18 months. One conviction in any 18-month period will be held confidential and not show on your driving record if you complete a traffic violator school program.

Pursuant to California Rule of Court 4.104, a court clerk is not authorized to grant a request to attend traffic school for a misdemeanor or any of the following violations:

• A. A violation that carries a negligent operator point count of more than one point under Vehicle Code 12810 or one and one-half points or more under Vehicle Code 12810.5(b)(2);
• B. A violation that occurs within 18 months after the date of a previous violation and the defendant either attended or elected to attend a traffic violator school for the previous violation ( Vehicle Code 1808.7);
• C. A violation of Vehicle Code section 22406.5 (tank vehicles);
• D. A violation related to alcohol use or possession or drug use or possession;
• E. A violation which the defendant failed to appear under Vehicle Code 40508(a) unless the failure to appear charge has been adjudicated and any fine imposed has been paid;
• F. A violation which the defendant has failed to appear under Penal Code 1214.1 unless the civil monetary assessment has been paid;
• G. A speeding violation in which the speed alleged is more than 25 miles over a speed limit as set stated in Chapter 7(commencing with 22348) of Division 11 of the Vehicle Code;
• H. A violation that occurs in a commercial vehicle as defined in Vehicle Code 15210(b); and
• I. A violation by a defendant having a Class A, Class B or a commercial class C driver’s license.

Upon receipt of the bail amount indicated and the court traffic school fee, the Court will review your case for eligibility. If you qualify, you will be mailed a traffic school referral with the completion due date and a list of traffic school providers. If you do not qualify, or if an appearance in Court is required to request traffic school, you will be notified by mail. You cannot attend traffic school unless approved by the Court. Upon attendance of the class, you must file the original certificate of completion with the Court by the due date assigned by the Court.

If you reside outside of California and have an out of state license, the traffic school option will not appear on the courtesy notice. Upon receipt of the signed options page included in your courtesy notice, the bail, the court traffic school fee and a copy of your valid driver’s license by the due date on your citation, the Court will mail you a traffic school referral with a completion due date for traffic school.

If the alleged citation has correctable violations, you must file the proof of correction with the court along with your request for traffic school and appropriate bail and fees.

You may be required to pay an additional fee to the Traffic School program. No extensions will be given for the Traffic School completion due date that will be listed on the traffic school referral.

Contesting a Citation

There are two ways to contest a citation:

• Trial by Written Declaration
• Court Trial

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.

The following steps must be met in order to qualify for a Trial by Written Declaration:

• Full bail must be paid;
• Violation(s) must be vehicle code infractions only;
• No accident involved; and
• No failure to appear or failure to pay fine on the case.

You must review the Instructions to Defendant form TR-200 before submitting the Trial by Written Declaration form to the court clerk.

You must submit the Trial by Written Declaration forms along with the full bail and any facts or evidence that you wish to have considered to the court clerk. The Court will then request a written statement from the citing agency. A judicial officer will review your case, and you will be notified by mail of the decision.

If you wish to contest the result of the trial by declaration, you may file a Request for Trial De Novo (request for a new trial) within 20 calendar days after the date the court mails you the Decision and Notice of Decision. The clerk is required to set a trial date within 45 calendar days of the receipt of your request for a trial de novo. (Vehicle Code 40902(d))

If your request for trial de novo is not received timely, no trial de novo will be held and the case will be closed. (California Rules of Court 4.210(b)(7))

A court trial is a court hearing where you appear in person to testify about the facts in the case. The officer who issued the citation will be subpoenaed to appear. At this time, you must also be prepared to produce all evidence, documents, or witnesses to support your case.

A court trial can be requested at your arraignment or you can request a court trial without appearing for arraignment. The following requirements must be met to qualify for a court trial without appearing for arraignment:

• Full bail must be paid;
• Violation(s) must be infractions only;
• No prior failure to appear on the case; and
• Enter a not guilty plea in writing.

If you are found not guilty or the case is dismissed, your posted bail will be refunded by mail. If you do not appear for your court trial, your bail will be forfeited, the citation will be deemed paid and the resulting conviction will be reported on your driving record.

An appeal may be filed within 30 days only after being found guilty in a court trial. New evidence is not accepted on appeal. The Appellate Court's decision addresses the evidence offered and decisions made at the time of the trial. The court clerks are not authorized to give legal advice; therefore, if you need assistance in completing your appeal packet, you must contact an attorney.

For California Courts Traffic Online Forms Click Here.

You may, without a previously scheduled court appearance or previously posting the bail amount due, appear at the clerk’s office and request to be scheduled for an arraignment before a judicial officer on the same day. “Walk-in” arraignment hearings are held in the Marina Division.

The following information explains what you need to do to be scheduled for “walk-in” court:

• Appear at the Marina Court location and be in line by 8:00 am on any day that Court is in session;
• Speak to the court clerk and request your matter be placed on calendar that morning; and
• The court clerk will provide to you an Advisement/Court Appearance form which you must read and sign prior to going into Court.

The Marina Court holds court sessions on Mondays, Tuesdays, Wednesdays and Fridays, excluding court holidays. There is no court held on Thursdays in the Marina Division.

The Superior Court of California, County of Monterey, Marina Division, offers Night Court as a service and convenience to the public for traffic and minor offense arraignment hearings on the last Monday of every month, excluding holidays. You must contact a clerk to request your matter be placed on the Night Court calendar. You will need to check in with the Bailiff by 5:15 p.m. as the Court session begins promptly at 5:30 p.m. Click here for Court Locations.

Pursuant to vehicle code section 42006 , and in addition to the penalty assessment, one dollar ($1) is collected for a violation of any section of the vehicle code or any local ordinance adopted pursuant to the vehicle code. This assessment is used to fund night court operations. Violations related to parking are not included.

Click Here for the 2014 Night Court Schedule

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