Traffic tickets may seem minor, but their consequences can be costly—fines, DMV points, license suspensions, and increased insurance premiums. If you’re facing a traffic citation in California, it’s important to understand all your legal options. One powerful but underused tool is the demurrer. This blog explains what a demurrer is, how it works in California traffic cases, when it applies, and how it could help protect your rights.
What Is a Demurrer?
A demurrer is a legal objection to the validity of the charges filed against you—not because the facts are disputed, but because the way the charges are written is legally flawed. In simple terms, a demurrer says: “Even if everything in this citation or complaint were true, it still doesn’t legally amount to a violation.”
Demurrers are procedural defenses filed before entering a plea. They’re used to challenge the legal sufficiency of the accusatory pleading—whether that’s a complaint, citation, or information.
Grounds for Filing a Demurrer in California
In California, you can file a demurrer for several reasons, including:
The court has no legal jurisdiction over the alleged offense.
The complaint or citation doesn’t follow proper legal formatting or required content.
The charges do not clearly state an actual violation of California law.
The statute you’re being charged under is unconstitutional or invalid.
The document charges more than one offense in a single count (known as duplicity).
The complaint includes legal justification or defense on its face that bars prosecution.
Are Demurrers Allowed in Traffic Ticket Cases?
This depends on the type of ticket and how the case is being prosecuted:
Infraction-Level Tickets: Most traffic tickets are infractions handled without formal criminal complaints. In these cases, there often isn’t a formal “pleading” to demur to, so a demurrer may not be applicable.
Misdemeanor Traffic Violations: If your ticket is being prosecuted as a misdemeanor—such as reckless driving, driving without a license, or DUI—a demurrer is more likely to be available since the case typically includes a formal complaint or information.
Citations That Become Formal Complaints: In some situations, even infractions may be escalated into formal complaints, opening the door for a demurrer. This can happen if you contest the ticket and the prosecutor files formal charges.
Always consult with a traffic attorney to determine whether your case qualifies.
What a Demurrer Can Do for You
If successful, a demurrer can result in:
Case dismissal: If the pleading is fatally flawed and cannot be fixed, the court may dismiss the charge altogether.
Force prosecution to fix mistakes: If the citation or complaint is legally insufficient but can be corrected, the prosecution may be forced to amend it before the case moves forward.
Delay proceedings: While not ideal for everyone, strategically delaying proceedings could benefit your case if new defenses arise or evidence becomes stale.
Expose constitutional or legal flaws: You can challenge the legal basis for the ticket—such as outdated or unconstitutional laws.
Limits of Demurrers in Traffic Cases
While demurrers are a useful defense tool, they are not always available or effective in traffic cases. Here’s what to watch out for:
Timing: A demurrer must be filed before you enter a plea. If you already pleaded “not guilty” or “no contest,” you may not be able to file one.
Not for factual disputes: A demurrer is about legal flaws—not whether the officer’s version of the events is true or not.
Possibility of amendment: If the court sustains the demurrer, prosecutors are usually allowed to fix the complaint and refile it—unless the defect is incurable.
Not always permitted in infractions: Most traffic infractions are handled informally, so courts may not allow demurrers unless the case has been escalated.
Strategic Use of Demurrers by Traffic Attorneys
A skilled traffic attorney may use a demurrer to:
Challenge a citation that lacks key information (e.g., missing elements of the violation).
Point out that the ticket references an outdated or invalid statute.
Argue that the complaint doesn’t allege a crime or violation at all.
Force the court and prosecutor to comply with legal technicalities that protect your rights.
The result? You may end up with a reduced charge, an amended citation, or a complete dismissal—depending on the facts of your case and the court’s ruling.
Common Examples of When a Demurrer Might Work
Example 1: You received a ticket for speeding, but the citation fails to list how fast you were going or the speed limit in the area. A demurrer could challenge the lack of required detail.
Example 2: A ticket was issued under a local ordinance that has been repealed. A demurrer can expose this and lead to dismissal.
Example 3: The citation alleges two separate violations in one count, without separating them. This is known as duplicity and could be challenged via demurrer.
What Happens if the Court Sustains a Demurrer?
If the court agrees with your demurrer, several things might happen:
The case is dismissed entirely, if the legal flaws are fatal and cannot be fixed.
The prosecutor is given time to amend the complaint to fix any correctable errors.
You win valuable time or leverage, which can help in future motions or plea negotiations.
What Happens if the Court Overrules the Demurrer?
If the court overrules the demurrer, the case proceeds like normal. You will then have to enter a plea, and the case may move toward trial or settlement.
The key is to work with an attorney who can properly frame the demurrer to maximize your chances of success—and prepare a backup strategy if it’s denied.
Conclusion: Know Your Rights, Protect Your Record
Demurrers can be a powerful shield against improperly filed traffic charges—but only when used correctly and strategically. While they may not apply to every citation, when available, they can result in dismissal or force the prosecution to fix its case. Whether you’re dealing with a simple ticket or a misdemeanor traffic charge, it’s essential to explore all your legal options before entering a plea.
Need Help Fighting a Traffic Ticket?
At Southwest Legal, we’ve helped thousands of California drivers fight and win traffic cases. Whether it’s a simple citation or a more serious misdemeanor offense, we know how to identify flaws in the prosecution’s case and protect your rights—inside and outside the courtroom.
Our experienced traffic attorneys are ready to assess your case and advise you on whether a demurrer or another strategy can help you avoid fines, points, and insurance hikes. Call us today for a free consultation.
