If you have received a traffic ticket, this means that the State of Arizona is alleging that you committed a civil traffic violation or violations. The ticket may also be referred to as a citation, or complaint. The violation may also be referred to as a charge. You now have several choices of how to proceed.
Choice #1: You May Be Eligible to Attend Traffic Survival School
Traffic Survival School is an educational course which you may be eligible to attend or complete if you have not previously attended driving school within two years of the date of your current citation. You must successfully complete and pass an approved course prior to your scheduled court date. You may be able to request an extension and have that request granted by the court. Proof of completion of the course will act to dismiss the violation. If the citation is dismissed there will be:
- No finding of responsible
- No points accessed to your driving record
- No fines
- No changes to your insurance rates
Note: You will not be allowed to attend driving school to dismiss your citation if you have a commercial driver's license.
Choice #2: Plea of Responsible
- This plea means you agree that you committed the violation(s) as listed in the citation and will pay the fine associated with the violation(s). "Responsible" is used with civil violations while the word "Guilty" is used with criminal violations. Being found responsible of many violations will cause the State of Arizona Motor Vehicle Division to assess points to your driving record. The State of Arizona Motor Vehicle Division takes action on your license based on the number of points you accumulate. Your insurance company may also increase your insurance rates based upon findings of responsible.
- You may be able to pay the fine by phone, by mail, on-line or go in person on or before your Court date, unless otherwise stated on the information envelope given to you by the police officer.
- You may also appear at the date and time listed on your citation to plead responsible and pay the fine.
Choice #3: Plea of Not Responsible
A plea of not responsible means that you deny that you committed the violation(s) listed on the citation and are requesting a civil traffic hearing. A civil traffic hearing is a trial held before a Judge or Hearing Officer who decides both the facts and the law of the case. At this hearing the State must prove the violation(s) listed on the citation against you by a preponderance of evidence. This means that the State must prove that it is more likely than not that you committed the violation. If your citation lists more than one charge, you will need to enter a plea for each charge. You are not required to enter the same plea for all charges. In other words you may plead responsible to one violation and challenge other violations. You may request a hearing by mail by completing the Hearing Request located in the information envelope provided by the officer. You may also appear in court on or before the date listed on you citation to have your complaint set for a hearing.
- If you request a hearing, in most cases it will be scheduled approximately one month from the date your request was received.
- You may be represented by a lawyer or you may present your own case at your hearing. If you decide to have a lawyer represent you, you must notify the Court in writing at least 10 days prior to your hearing. You cannot be represented by someone who is not a licensed attorney in the State of Arizona.
- If you are found "responsible", the Hearing Officer or Judge will decide what your fine will be. The fine may be more or less than the amount listed on the fine schedule given to you by the Police Officer.
Preparing Your Case for Trial
There are many things that can be done to prepare your case for trial. The purpose of trial preparation is to preserve and gather evidence to disprove the allegations against you. Many times photographs are very useful to a Judge in deciding your case. If photographic evidence would be of value in your case, attempt to obtain the photographs as close as possible to the date and time of the citation. Many times things change over time such as vegetation growth which may be blocking the view of a traffic sign. There is also a great deal of constant construction in the State of Arizona, so a road or intersection may change. Speaking with a lawyer can be very helpful to you in determining what evidence might be valuable in your case.
Failure to Pay Your Fine or Appear for Your Court Date
If you fail to appear on your assigned Court date, or you do appear and are found responsible, but do not pay the fine ordered by the Judge or Hearing Officer, the Court will notify the Motor Vehicle Department that you are in default. Motor Vehicle Division will then suspend your driving privileges. If your driver's license or privilege to drive is suspended as the result of a default judgment, you will be required to pay the fine, a default fee, and additional fees to the Motor Vehicle Department in order to have your driving privileges reinstated. If you drive while your license or privilege to drive is suspended, you will be subject to criminal penalties and additional sanctions.
In addition, for all Civil violations for which a default judgment has been imposed, the Court may notify a credit bureau of any outstanding and delinquent balances, notify the Arizona Department of Revenue to attach your tax refunds, and take any other legally appropriate collection action against you, your income, or your property. If the Court refers your account to a collection agency or the Arizona Department of Revenue, additional collection fees will be added to your account balance.
Right to Appeal
You have the right to appeal a final decision of the Court by filing a Notice of Appeal within fourteen (14) calendar days of the judgment of responsible. You are not required to pay the fine or post the bond to exercise your right to appeal. However, if you choose not to pay the fine or post the bond on the day the final judgment is entered or make arrangements to pay with the Court, the Court will enter a default judgment against you and additional fees will be assessed. An appeal is a legal process in which a higher court reviews the decision of the Judge or Hearing Officer in your case based on the audio record of your hearing. An appeal is not a retrial of your case and you cannot present new evidence or testimony. You are responsible for all appeal charges, costs and fees.
Representation
Many times in a civic traffic matter the fine you may be facing is far less than the cost of my representation. You must also consider other factors such as points accessed by the Arizona Motor Vehicle Division and potential increases in your automobile insurance rates. There are defenses to many traffic violations. I have had the opportunity to handle over 100 civil traffic trials and would be happy to discuss your case. The call is free. 602-697-8761.
