If you’ve been cited for a traffic violation in California, filing a demurrer might be one way to challenge the charges—but it’s not always successful or even allowed. So, what should you do next if:
-
The court overrules your demurrer?
-
You’re told a demurrer isn’t available in your type of traffic case?
-
You’ve already entered a plea before learning about demurrers?
At Southwest Legal, we guide clients through every step of fighting traffic citations—even when a demurrer isn’t on the table. This post explains your best next steps for fighting the ticket and protecting your record.
1. File a Motion to Dismiss (When Appropriate)
Even if a demurrer is not an option, you might be able to challenge the case through a motion to dismiss for other reasons, including:
-
Lack of prosecution
-
Violation of your right to a speedy trial
-
Insufficient evidence
-
Procedural violations by law enforcement or the court
A motion to dismiss isn’t the same as a demurrer, but it can sometimes achieve the same result: ending the case early.
2. Demand a Trial by Written Declaration (For Infractions)
If your traffic violation is an infraction, such as speeding or running a stop sign, you may be eligible to contest it through a Trial by Written Declaration.
This allows you to fight the ticket without appearing in court by submitting a written defense. If you’re unsuccessful, you still get a second chance with an in-person trial (Trial de Novo).
Our attorneys at Southwest Legal can help craft a strong written defense, citing:
-
Lack of clear evidence
-
Radar calibration errors
-
Officer’s failure to appear or file report
-
Legal or factual inaccuracies in the citation
3. Request a Trial and Challenge the Evidence
If your case goes to court, your attorney can challenge the officer’s version of events, cross-examine witnesses, and object to weak or inadmissible evidence. Common strategies include:
-
Arguing lack of probable cause
-
Questioning radar or lidar reliability
-
Pointing out errors in the citation or officer’s testimony
-
Presenting dash cam or witness evidence
Even if the demurrer was overruled, a trial defense might still get the ticket dismissed or reduced.
4. Negotiate with the Prosecutor or Court
Sometimes, the best outcome is reached through negotiation. Even if you’re not eligible for a demurrer or trial dismissal, an experienced attorney may be able to:
-
Reduce the charge to a non-point violation
-
Negotiate for traffic school eligibility
-
Minimize fines or court costs
This keeps your record clean, avoids DMV points, and protects your insurance rates.
5. File an Appeal (If Convicted After Trial)
If you lose your case at trial and believe the court made a legal error, you may be able to file an appeal. Grounds for appeal may include:
-
Improper denial of a demurrer
-
Mistakes in evidence rulings
-
Due process violations
-
Incorrect application of the law
Appeals are time-sensitive and procedural—so consult with an experienced attorney immediately.
6. Always Consult a Traffic Ticket Attorney First
Even if you’re past the demurrer stage or think your case is minor, it pays to have an experienced traffic attorney assess your situation. A legal misstep could mean:
-
Unnecessary fines
-
Increased insurance premiums
-
DMV license suspension
-
Missed opportunities for dismissal
At Southwest Legal, we offer strategic defense options tailored to your case—whether that means demurrer, dismissal, trial, or appeal.
Let Southwest Legal Help You Protect Your Driving Record
Every traffic ticket deserves a smart legal review. Whether you’re dealing with a simple speeding citation or a more serious misdemeanor, we’ll help you:
Explore all legal defenses Use the strongest procedural tools available Fight back if your demurrer is denied Work toward dismissal or reduction
Call us today for a free consultation, serving clients across Southern California.
