If you lost at a traffic ticket trial (you were found guilty), it's possible to appeal the decision. Appeal means asking a higher court (an appellate court) to review the decision. It's not a new trial.
PRINT EMAILA traffic appeal means you ask a higher court (an appellate court) to review a final decision in your traffic court trial. In almost all cases, the appellate court only considers if the judge made a legal error in your trial. And, if there was an error if it affected the final decision. The appellate court only reverses the judge's decision from your trial if the error was so important it changed the outcome.
An appeal is not a new trial or a chance to present new evidence. You can't present your case again or bring in new evidence or witnesses. In an appeal, you argue that there was a legal mistake in your trial and that the mistake changed the outcome.
To appeal, you must file a Notice of Appeal by a deadline. If you're appealing the final decision, the deadline is 30 days after the judge made its judgment. This is usually the date the judge ordered you to pay a fine. If you miss the deadline, you lose your right to appeal.
To postpone your sentence, you must ask the trial court for a "stay" of the judgment that includes the order for you to pay the fine.
These steps give you an overview of what you'll need to do and what you can expect if you decide to appeal. You can get more detailed instructions in Information on Appeal Procedures for Infractions (form CR-141-INFO).
The next step has instructions on how to prepare a Statement on Appeal.
Fill out, serve, and file a proposed statement by the deadline If you decide to use a "statement on appeal," you must prepare the proposed statement. The proposed statement must be served and filed with the trial court within 20 days after you file the Notice to Appeal. If it's ready, you can also file your proposed statement at the same time as you file your Notice of Appeal. 1. Fill out a Proposed Statement on Appeal form Fill out Proposed Statement on Appeal (form CR-143). 2. Serve the prosecuting attorney Once you've filled out the Proposed Statement you must have it sent (served) to the prosecuting attorney (the city attorney, district attorney, or other government agency attorney). To serve means that someone, not you, 18 or over that's not part of the case mails it to the prosecuting attorney. The person who mails it is your server. Your server must fill out and sign a Proof of Service (Appellate Division) (form APP-109). You can get more information on how to serve in What is Proof of Service? (form APP-109-INFO). 3. File the Proposed Statement and Proof of Service File your Proposed Statement with the Proof of Service by the deadline. After you serve and file the Proposed Statement The prosecuting attorney has 10 days after you serve them with your proposed statement to file and serve any proposed changes (amendments) to this statement. The judge of the trial court will review your Proposed Statement and the prosecuting attorney's amendments. If the judge makes any changes, the court will send you and the prosecuting attorney a corrected statement. If you disagree with any part of the judge's statement, you have 10 days from the date it is sent to you to serve and file objections. After the judge reviews objections and makes any additional corrections, they will certify the statement. The clerk will send it to the appellate division as the record of the oral proceedings in the trial court.
After you file your Notice of Appeal, the clerk will send a copy to the prosecuting attorney in your case (like the district attorney or city attorney).
You will need to write, serve and file a brief by a deadline. This is the hardest part of the process. You will need to follow many rules and likely do legal research. California Rules of Court 8.926 to 8.928 have the rules about how to prepare, who to serve, and the deadlines for filing briefs.
Get your due date for the brief Once the appellate division receives the complete record on appeal, the court clerk will send you a notice with a deadline to file a brief. It's usually 30 days after the record is filed, but it could be different. You must write, serve, and file a brief by the deadline.
The best briefs guide the court through the case using the record and legal authority to support your points. Writing a good brief requires specialized knowledge.
Serve the brief
Once your brief is done, you must have it sent (served) to the prosecuting attorney.
To serve means that someone, not you, 18 or over that's not part of the case mails it to the prosecuting attorney. The person who mails it is your server.
Have your server fill out and sign a Proof of Service (Appellate Division) (form APP-109). You can get more information on how to serve in What is Proof of Service? (form APP-109-INFO).
File the brief
File your brief with the Proof of Service by the deadline in the Notice. If you miss the deadline for your brief, the court may dismiss your appeal.
The prosecuting attorney may file a response to your brief (a respondent's brief). You can respond to it if you want. Learn more
If the prosecuting attorney files their own brief, they must have this sent to you (have it served). If you're served with the respondent's brief, you have the right to file a "reply brief." A reply brief responds to the "respondent's brief." You do not have to file a reply brief. If you do, you have to serve and file it within 20 days of being served with the respondent's brief.
If you want the appellate division to consider an exhibit used in the trial, you must ask the trial court clerk to send the original exhibit to the appellate division. You must ask within 10 days after the last respondent’s brief is filed in the appellate division.
After the date set for oral argument (whether it actually takes place or not), the judges have 90 days to make a decision on your appeal.
The clerk will mail you a notice of the appellate division's decision.