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Traffic cases involve violations of the California Department of Motor Vehicle (DMV) code. There are three general types of violations:

  • Parking Tickets: These are not reported to the court; however, the ticket contains instructions to be followed including what to pay, to whom, how, etc.

  • Traffic Infractions and Misdemeanors: Most of these cases are handled by the Traffic Division.

  • Felony Violations: These cases are heard at the Main Courthouse in Madera.

Speed

More information about traffic violations can be found in the traffic section of the California Self-Help website.

HOURS

Normal window hours are 8:00 AM – 3:00 PM. A drop box will be available from 3:00 PM to 4:00 PM for filings. Note that cash payments cannot be placed in the available drop box at any time.

TRIALS

For Traffic Infractions, there are two types of trials available:

  • Court Trial: A hearing in person held before a Judicial Officer. Both you and the officer who issued the citation must appear in court. The officer will state why a citation was issued. You will be able to speak on your own behalf or have witnesses testify regarding what happened. A Judge or Commissioner will make a determination on whether or not a crime was committed.

  • Trial by Declaration: Allows you to contest the citation in writing instead of in person. Both you and the officer who issued the citation must complete forms and file them with the Court before a specified date. A Judge or Commissioner will review the documents filed and make a determination on whether or not a crime was committed and will issue a written ruling.

To ask for a court trial:

Court trials may be requested in person or by mail. You will need to plead 'not guilty' and the clerk will set your matter for a court trial.

You can hire a lawyer to represent you or you may represent yourself. The Court will not hire an attorney to represent you in an infraction case.

If you require the assistance of an Interpreter, notify the Traffic Division at least one week before your hearing.

FEES

The fees and fines imposed in these divisions are according to statute.

The Judicial Council's Uniform Bail and Penalty Schedule can be found here. Please note, legislatively mandated penalties and assessments are calculated on top of the base bail listed on the bail schedule resulting in an increased fine. Additionally, Judicial Officers are afforded judicial discretion and may lower or increase the fines based on the circiumstances in each individual case.

Payments may be made:

· By using the web at https://madera.epay-it.com/. An additional fee applies for utilizing this service.

· In person Mon-Fri from 8 AM – 4 PM at the lobby windows.We can accept cash, personal checks, cashier’s checks, and money orders payable in U.S. Funds only.We are unable to accept payment by debit or credit cards at this time.

· By mail.Payments should be sent to:

Madera Superior Court Traffic Division

200 South “G” Street

Madera, CA93637

If using a personal check, it must be pre-printed with the Defendant’s name and address on the account. Please make checks or money orders payable to “Madera Superior Court.”Always include your case number on your payment or any correspondence.

FINANCIAL HARDSHIPS:

To ask the court to consider your ability to pay due to financial hardship and decide whether to approve a reduced fine, a payment plan or community service, you may schedule an appearance in court for arraignment without the deposit of bail.

COLLECTIONS:

Madera Superior Court uses the Franchise Tax Board and GC Services as their collection agencies. If your matter has been referred to FTB or GC Services for collections, all payments should be made through the respective agency to ensure proper credit can be given to your account.

You may contact a Franchise Tax Board representative at (916) 845-4064.

You may contact the GC Services representative at (800) 333-8395 for service in English and (800) 616-6007 for service in Spanish.

LOCAL PROCEDURES

The typical case follows these steps:

1. A ticket or citation for a traffic infraction is written by a law enforcement officer.

2. The ticket explains whether (a) monetary fine; or (b) other action is required, and whether the recipient must appear in court.

3. The Court will send the Defendant a courtesy notice stating the various options available and the date that he/she is to pay or appear at court.If the defendant wishes to contest their matter, a trial date will be set and the Defendant will be sent notice of the date and time to appear.

4. If the Defendant does not wish to contest the matter and pay the fine, they would submit payment as specified on their courtesy notice.

5. If the Defendant does wish to contest the matter, they may request a Trial by Declaration, wherein the Defendant is allowed to contest the citation by a written statement. Or, the Defendant can request a Court Trial in which the Defendant and Officer both appear in person before a judge to present their case.

6. If the Defendant is eligible for traffic school (if you are, it will be one of the options available to you on your courtesy notice), it will be the amount of the fine plus $74.00 for the traffic school fee. The traffic school will charge you an additional fee to attend the class. Traffic schools report traffic school completion certificates to the court electronically.Traffic school must be completed and the certificate of completion received 90 days from the post mark on your request to attend traffic school in order for the citation to be dismissed.

7. If you wish to attend traffic school but are unable to pay the full Amount Due (excluding the $74 non-refundable administrative fee) due to financial hardship, you must schedule an appearance in court for arraignment to ask the court to consider your ability to pay.If you would like to pay the full amount; however, are unable to do so all at one time, you may request a payment plan from the Traffic Clerk.

8. If the Defendant fails to pay a fine after the Court has ordered him/or her to do so, the case may be referred to the Franchise Tax Board for collections. If the matter is referred to collections and is accepted, a civil assessment up to $300.00 will be added pursuant to PC 1214.1(a) . To ask the Court to consider your ability to pay due to financial hardship and decide whether to approve a reduced fine, a payment plan or community service, you may schedule an appearance in court for arraignment without the deposit of bail.

9. It is important for the Defendant to respond to all notices sent by the Court.If you fail to address your matter by the dates indicated on the Court’s notices, you may be subject to a fine, Civil Assessment and/or driver’s license suspension under VC40508(a).

IMPORTANT INFORMATION – PLEASE READ CAREFULLY

GENERAL INFORMATION

1. All payments and proof of corrections on this case must be submitted together in order to close the case.

2. Partial payments may be accepted upon request and will be assessed a $50.00 administrative fee per VC 40510.5.

3. Forfeiting bail will close your case and it will be reported to DMV as a conviction. If you are forfeiting bail, please do not send cash. If you forfeit bail, you are no longer eligible for traffic school.

4. To ask the court to consider your ability to pay due to financial hardship and decide whether to approve a reduced fine, a payment plan or community service, you may schedule an appearance in court for arraignment without the deposit of bail.

PRIOR CONVICTIONS

  1. If you have been convicted of any traffic violations in the past three years, a penalty enhancement may be imposed pursuant to VC4200 and VC40508.6.

PROOF OF CORRECTION

To dismiss a violation where proof of correction is required you must:

  1. Correct the violation.
  2. Take the corrected item along with your copy of the citation to a law enforcement agency or DMV and have a copy of the citation signed off by an authorized agent of the department.
  3. Bring or mail your copy of the signed off citation along with the fees indicated on the front of this letter.

MAILING THE REMITTANCE

  1. Please make checks or money orders payable to: Madera County Superior Court.
  2. Mail to Madera County Superior Court at the division you received your courtesy notice from.

TRAFFIC SCHOOL ELIGIBILITY

You may attend traffic school on this case if the following apply:

  1. If the offense did not occur within 18 months of a pervious violation for which you have attended traffic school.
  2. If the traffic violation does not carry more than one point under VC 12810 or one and one-half point under VC 12810.5(b)(2).
  3. Is not related to alcohol or drug use or possession.
  4. Is not a violation of VC 22406.5 (tank vehicles).
  5. You have a valid driver’s license.

If you meet the above guidelines for traffic school, you may send one check for the total bail amount plus $74.00 traffic violator school fee. (Pursuant to 42007(a) VC).The traffic school you attend is a private company and will also charge a tuition fee. If you fail or choose not to attend traffic school by the completion date, all fees and bail will be forfeited, your case closed and reported to DMV as a conviction.If you wish to attend traffic school but are unable to pay the full Amount Due (excluding the $74 non-refundable administrative fee) due to financial hardship, you must schedule an appearance in court for arraignment to ask the court to consider your ability to pay.If you would like to pay the full amount; however, are unable to do so all at one time, you may request a payment plan from the Traffic Clerk.

Traffic schools report traffic school completion certificates to the court electronically.Traffic school must be completed and the certificate of completion received 90 days from the post mark on your request to attend traffic school in order for the citation to be dismissed.

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Traffic School fees are non-refundable.

NOTICE: If you are eligible for traffic school and decide not to attend traffic school, your automobile insurance may be adversely affected.

TRAFFIC SCHOOLS

IT IS YOUR RESPONSIBILITY TO RETURN YOUR CERTIFICATE TO THE COURT ON OR BEFORE YOUR DUE DATE.

This Court will accept online certificates from the courses approved and monitored by the California Traffic Safety Institute. When calling for information, be sure to have your case number, court name, and due date available. You can check to see if the Court has received your Traffic School Completion Certificate by clicking on this link: http://courtcertservice.com/

Classroom Traffic Schools: http://www.dmv.ca.gov/olinq2/welcome.do

Home Study Traffic Schools: www.ctsi-courtnetwork.org

On-line programs are offered to the defendants as an option to traffic school. Please be advised that the home study programs require identity verification in order to complete the course. These programs are not regulated by the Department of Motor Vehicles and/or the Court. The Court recognizes these programs for use but assumes no liability for the schools' actions.

Effective 01/01/2007

Speed Dating Questions


A restraining order (also called a “protective order”) is a court order that can protect someone from being physically or sexually abused, threatened, stalked, or harassed. The person getting the restraining order is called the “protected person.” The person the restraining order is against is the “restrained person.” Sometimes, restraining orders include other “protected persons” like family or household members of the protected person.

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What does a restraining order do?

In general restraining orders can include:

  1. Personal conduct orders
    These are orders to stop specific acts against everyone named in the restraining order as a “protected person.” Some of the things that the restrained person can be ordered to stop are:
    • Contacting, calling, or sending any messages (including e-mail);
    • Attacking, striking, or battering;
    • Stalking;
    • Threatening;
    • Sexually assaulting;
    • Harassing;
    • Destroying personal property; or
    • Disturbing the peace of the protected people.
  2. Stay-away orders
    These are orders to keep the restrained person a certain distance away (like 50 or 100 yards) from:
    • The protected person or persons;
    • Where the protected person lives;
    • His or her place of work;
    • His or her children’s schools or places of child care;
    • His or her vehicle;
    • Other important places where he or she goes.
  3. Residence exclusion (“kick-out” or “move-out”) orders
    These are orders telling the restrained person to move out from where the protected person lives and to take only clothing and personal belongings until the court hearing. These orders can only be asked for in domestic violence or elder or dependent adult abuse restraining order cases.

For the person to be restrained, having a restraining order against him or her can have very serious consequences:

  • He or she will not be able to go to certain places or to do certain things.
  • He or she might have to move out of his or her home.
  • It may affect his or her ability to see his or her children.
  • He or she will generally not be able to own a gun. (And he or she will have to turn in, sell or store any guns they have now and not be able to buy a gun while the restraining order is in effect.)
  • It may affect his or her immigration status if he or she is trying to get a green card or a visa.

If the restrained person violates (breaks) the restraining order, he or she may go to jail, or pay a fine, or both.

Types of restraining orders

There are 4 kinds of orders you can ask for:

Domestic Violence Restraining Order
You can ask for a domestic violence restraining order if:

Real
  • Someone has abused you, and
  • You have a close relationship with that person (married or registered domestic partners, divorced, separated, dating or used to date, have a child together, or live together or used to live together — but more than roommates), or you are closely related (parent, child, brother, sister, grandmother, grandfather, in-law).

Find more information about domestic violence.

Elder or Dependent Adult Abuse Restraining Order
You can ask for an elder or dependent adult abuse restraining order if:

  • You are 65 or older, OR
  • You are between 18 and 64 and have certain mental or physical disabilities that keep you from being able to do normal activities or protect yourself;

    AND

  • You are a victim of:
    • Physical or financial abuse,
    • Neglect or abandonment,
    • Treatment that has physically or mentally hurt you, or
    • Deprivation by a caregiver of basic things or services you need so you will not suffer physically, mentally, or emotionally.

Find more information about Elder and Dependent Abuse.

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Civil Harassment Restraining Order
You can ask for a civil harassment restraining order if you are being harassed, stalked, abused, or threatened by someone you are not as close to as is required under domestic violence cases, like a roommate, a neighbor, or more distant family members like cousins, aunts or uncles, or nieces or nephews.

Find more information about Civil Harassment.

Workplace Violence Restraining Order
You can ask for a workplace violence restraining order if:

  • You are an employer, and
  • You ask for a restraining order to protect an employee who has suffered stalking, serious harassment, violence, or a credible (real) threat of violence at the workplace.

An employee CANNOT ask for a workplace violence restraining order. If the employee wants to protect him or herself, he or she can ask for a civil harassment restraining order (or a domestic violence restraining order if the abuser is a partner/spouse or former partner/spouse or close family member).

Find more information about Workplace Violence.