In California, recipients of a mailed traffic notice generally have a short window to ask the issuing agency to review the notice and to request an administrative hearing if the initial review does not cancel the citation. The law sets procedures for an initial review at no charge, a follow-up administrative hearing, and special rules for toll-evasion notices. The issuing or processing agency must mail the results of reviews and tell the recipient how to ask for a hearing and whether any deposit is required.
If the initial review does not resolve the matter, the person contesting the notice often may request an administrative hearing and choose a hearing on written declarations, by video conference, or in person. For toll-evasion notices there are separate short deadlines and the agency must investigate evidence including photos and registration records when a contest is filed within the statutory timeframes.
Current California law
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The deadline that matters
Request an initial review no later than 30 calendar days from the notice mailing date (and for toll-evasion notices, contest within 21 days of issuance or 30 days from mailing of a delinquent notice).
What California law says
The law generally provides that a recipient may request an initial review of a mailed notice no later than 30 calendar days from the date the notice was mailed, and that the review must be free of charge, with results mailed within 60 days, including reasons if the notice is not canceled and instructions on how to request a hearing, under Cal. Veh. Code § 22427. If dissatisfied with the initial review, the person may request an administrative hearing no later than 21 calendar days after mailing of the initial-review results; the requester normally must pay the civil penalty to obtain the hearing but the issuing agency must have a written procedure to waive prepayment upon satisfactory proof of inability to pay, and the hearing must be held within 90 calendar days after the hearing request, under Cal. Veh. Code § 22427. For toll-evasion notices, a person may contest without depositing the toll or penalty within 21 days from issuance or 30 days from mailing of a delinquent notice; the processing agency must investigate the evidence (including photographs and registration data) and cancel the notice if it finds the violation did not occur or the registered owner was not responsible, under Cal. Veh. Code § 40255.
What to do
A common first step is to request the issuing agency’s initial review within 30 days of the notice mailing, by phone, in writing, electronically, or in person.
A common next step is to gather and keep copies of any evidence you think supports contesting the notice (photos, receipts, registration records) so it can be referenced in the review or hearing.
If the initial review does not cancel the notice, a common option is to request an administrative hearing within 21 days of the agency’s mailed results; check whether prepayment of the penalty is required or if a waiver for inability to pay is available.
A common step is to choose the hearing format you prefer: written declaration, video conference, or in-person, where the agency’s rules allow.
For toll-evasion notices, a common step is to file a written contest promptly so the processing agency will investigate the photographic and payment records before requiring a deposit.
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Common questions
Can I get an initial review for free?
Yes, the issuing agency must provide an initial review at no charge if you request it within the statute's 30-day period, under Cal. Veh. Code § 22427.
Do I have to pay the penalty before an administrative hearing?
The general rule is that the person requesting an administrative hearing shall pay the civil penalty, but the issuing agency must adopt a written procedure to allow a hearing without prepayment upon satisfactory proof of inability to pay, under Cal. Veh. Code § 22427.
What hearing formats are available?
The administrative hearing process must allow a hearing on written declaration, by video conference, or in person, and an in-person hearing must be held within the issuing agency’s jurisdiction, under Cal. Veh. Code § 22427.
Are toll-evasion notices handled differently?
Yes, toll-evasion notices have specific timelines and permit contesting without depositing the toll or penalty within certain short timeframes, and the processing agency must investigate the evidence including any photographs and registration records when a timely contest is filed, under Cal. Veh. Code § 40255.
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This page provides legal information about California law, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
