Upon Receiving Your Civil or Traffic Ticket (Complaint)
The civil complaint you received includes a Court date and time. You must decide how
you want to plea to the violation(s) you have been cited for by the time of your Court
date. If you received a civil traffic ticket, options 1 through 3
are available to you for addressing the citation. If you were cited with a civil
ticket such as: neighbor enhancement, smoking ordinance violation, noise, or
other city code violation, options 2 and 3 below are available to you for
addressing the citation.
OPTION #1:
Defensive Driving Program
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By attending a Defensive Driving
class you will receive a dismissal for one violation. However, not all violations
are eligible for this program. The envelope you received from the police
officer will tell you if your violation is eligible. It also contains
other eligibility and registration information. You
are not eligible if you
have attended a Defensive Driving Program in Arizona within the last 24
months. If you have been cited for more than one violation on your
complaint, only one can be dismissed by attending the Defensive Driving
Program.
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If you attend a Defensive Driving Program, you waive your right to a
hearing on that violation.
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Upon successful completion of the Defensive Driving Program, that
violation will be dismissed.
OPTION #2:
Plea of Responsible (Guilty)
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This plea means that you
agree you committed the violation stated on the complaint. (The word
"Responsible" is used with civil violations while the word "Guilty" is
used with criminal violations.)
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Pay the amount of the sanction/fine by
phone (480) 350-8800, mail or in person on or before your Court date,
unless otherwise stated on the information envelope given to you by the police officer.
Fine Schedule
OPTION #3:
Plea of Not Responsible (Not Guilty)
This plea means that you deny that you committed the violation stated on the complaint
and that the State must prove its charges against you at a hearing.
Click Here for Hearing
Information.
If you received a complaint with 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.
To request a Hearing by mail, complete
the Hearing Request located in the information envelope provided by the officer
OR
Appear in Court on or before your assigned date to have your
complaint set for a hearing.
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If you request a hearing, it will be scheduled about four weeks from the date your
request was received.
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You may be represented by an attorney or you may present your own case at your hearing.
If you decide to have an attorney 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 an
attorney.
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A hearing is similar to a trial, but there will be no prosecutor present to represent
the State. The State's witnesses will testify first. After each witness has testified, you
will have an opportunity to ask the witness questions. After the State's witnesses have
testified, you may present your case. You may call other witnesses who know something
about the incident to testify for you. You may testify on your own behalf. In addition,
you may present other evidence such as documents, photographs, etc. The Hearing Officer or
Judge may also question you, the police officer, and other witnesses, to find out what
happened. The burden of proof required for a Hearing Officer or Judge to make a finding of
responsible is preponderance of the evidence. The Hearing Officer or Judge will listen to
the facts presented at your hearing and decide whether it is more probable or not that you
committed the civil violation alleged on your complaint.
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If you are found "responsible", the Hearing Officer or Judge will indicate
what your penalty will be. This penalty may be different from the amount listed on the
fine schedule given to you by the Police Officer. If the Hearing Officer or Judge's
sentence includes a fine, payment in full is expected on the day of sentencing.
Payment may be made by cash, check, money order, or credit/debit card. If you meet certain
financial requirements, you may be allowed some time to pay. However, a time payment fee
will be added to the amount that you owe.
If You Fail To Pay Your Fine Or Appear For Your Court Date:
If you fail to appear on your
assigned Court date, or fail to comply with the Hearing Officer/Judge's sentencing
requirements, a default judgment of responsible will be imposed. For civil traffic
violations, the Court will notify the Motor Vehicle Department that you are in default.
They will suspend your driver's license and/or your privilege to drive. 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 driver's license or privilege to drive 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.
Your Right To Appeal
You have the right to appeal a final decision of this 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 (Maricopa County Superior Court)
reviews the decision of a lower court (Tempe Municipal Court) 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/fees.
NOTE: DO NOT send inquiries
regarding court cases by e-mail. You must contact the Civil Traffic
Division for case inquiries 480-350-8184.
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