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1. What is the Standard of Proof?

The Standard of Proof for a civil traffic or parking violation is called Preponderance of the Evidence; this standard is established when the evidence shows that it is "more likely than not" that the violation occurred.

2. May I attend Defensive Driving School if I am unsuccessful at the hearing?

You may not attend Defensive Driving School to remove the moving violation from your driving record. The Defensive Driving School is a diversion program intended to divert cases out of the court system and must be completed prior to a hearing date.

3. What will happen if I fail to appear at my hearing?

If you fail to appear, a default will enter in the amount of the standard fines, plus a $50 default fee per count, and a $20 extension fee per case. Also, the Motor Vehicle Department will be directed to suspend driving privileges. Driving on a suspended license is a criminal offense.

4. May I have the assistance of an attorney at my hearing?

You may have the assistance of a retained attorney at a civil traffic hearing. However, a right to the assistance of an attorney, provided by taxpayers, does not apply in civil traffic matters. A Notice of Appearance will need to be filed by your attorney, at least ten calendar days prior to the hearing date.

5. How do I request a hearing?

You may request a hearing either in person by appearing in court on or before your appearance date noted on your citation, or you may make the request in writing. The written request should include the following four items:
- Your name
- The citation or case number noted on your court documents
- The words, "I want to enter a plea of not responsible and request a court hearing"
- A list of the charges for which the hearing is desired.

Please hand deliver or mail your request to 665 East Mingus Avenue or fax the request to 928-634-7864. A request to set a case for a hearing will not be taken over the telephone.