You may deny the alleged violation(s) and request a civil traffic hearing. The hearing is generally scheduled 30 days from your arraignment date. You may be represented by an attorney or you may present your own case at your hearing.
What happens at a hearing?
- Hearings are similar to trials, but no Prosecutor is present to represent the state. Instead a Judge will question you, the law enforcement officer and other witnesses to determine what happened.
- In a civil traffic hearing, the burden of proof required for a Judge to make a finding of responsible is by the "preponderance of the evidence" which is less than proof beyond reasonable doubt that is required at a criminal trial. To find you responsible, the Judge must listen to the facts presented at your hearing and decide whether it is more likely than not that you committed the traffic violation(s) alleged on your complaint.
- The Judge's ruling will be based upon the testimony and facts presented at the hearing.
- The ruling is appealable and you will be provided instructions by the courtroom clerk with regard to how to appeal the decision should you be found responsible.
Tips for Preparing for your Civil Traffic Hearing
Sentencing
If you are found "Responsible" the Judge will impose a fine/sanction. The sanction may be different from the amount listed on the Fine Schedule/Bond Card given to you by the law enforcement officer.
Be on time and have your witnesses and evidence with you . If you do not show up on time for your hearing:
1. A default judgment may be entered against you.
2. A fine may be imposed.
3. Your driver’s license may be suspended.
Presenting Your Evidence
Anything you want the judge to consider must either be presented as testimony from a witness present in court or it has to be admitted into evidence as an exhibit. “Admitted into evidence” means you need to leave the item with the court. The following list contains examples of items that are commonly admitted during a civil traffic hearing:
- Signed written statements from witnesses
- Written documents
- Diagrams
- Photographs
- Maps
- Video or audio recordings
Digital Evidence
Any evidence in digital format (e.g., photographs, videos, audio evidence) has to be scanned for viruses by court staff before it can be displayed on the court's equipment or admitted into evidence. This can result in delay in holding your hearing. Please get to court early and alert court staff that you have such evidence. Please keep the following in mind if you are bringing digital evidence to court:
- Any media such as a DVD, CD, or flash or jump drive that contains your evidence in a digital format should not have anything else on it. The media itself has to be admitted into evidence to be considered and you will not get it back.
- Make sure any digital evidence is in a common format. If you have recorded your evidence in a format that the court does not have on its equipment, it will either delay your hearing or you will not be able to present your evidence.
- Simple is best for photos. Print your photos and bring them to court to be admitted into evidence. You may not show the Court photos or text messages from your cell phone. Any evidence from your cell phone must be printed and shown to the court. The court will not admit your cell phone into evidence.
- If possible, and especially if your digital evidence is in an uncommon format, bring your own laptop or other device through which you can display your evidence.
Subpoenas
Subpoenas for witnesses can be requested at the Court. There is a $25 fee for each subpoena issued and additional fees for service of the subpoena(s).
Accommodations for Disability
Requests for reasonable accommodations for persons with disabilities or persons needing an interpreter should be made in writing and filed with the court at least five days before the hearing. If the request is not made in a timely way, it may result in delay in holding your hearing.