Getting a traffic ticket does not always mean you must stand before a judge on the date printed on the citation.
What happens next depends largely on whether the ticket is marked as a civil traffic violation or a criminal traffic charge. Drivers should check the boxes on the citation, read its instructions and identify the court handling the case.
For many civil tickets, the printed date is a deadline to act rather than a required in-person appearance. A driver generally must pay the fine, request a hearing or sign up for defensive driving school before that date.
Criminal traffic charges can require an actual court appearance and carry more serious consequences when someone fails to show up.
Do you have to go to traffic court if you get a ticket in Arizona?
Most routine tickets, including many speeding and red-light
violations, are handled as civil traffic cases.
A driver with a civil ticket generally has three choices:
- Admit responsibility and pay.
- Deny responsibility and request a hearing.
- Attend defensive driving school, if the violation and driver qualify.
Drivers may be able to handle the first steps online, by mail or by contacting the court rather than appearing at the courthouse.
Those who request a hearing can present evidence and witnesses to a judge or hearing officer. There is no jury, and the government must show that it is more likely than not that the violation happened. Drivers may hire an attorney, but the court does not provide one in an ordinary civil traffic case.
The exact process can vary based on the charge and court, according to Barton Fears, general counsel and court clerk for Phoenix Municipal Court.
Fears told The Arizona Republic that drivers should follow the instructions that come with the ticket and use the contact information on the paperwork if they have questions.
Court employees can explain procedural steps, but they cannot give legal advice.
What does defensive driving school do?
Defensive driving school can lead to the dismissal of one qualifying traffic ticket. It generally is available for less serious civil violations, like ordinary speeding or running a stop sign.
After the driver completes the class, the court dismisses the ticket and does not add points to the driver’s record.
The fees a driver pays to attend traffic school range depending on the location, so the financial benefit varies. In Phoenix Municipal Court, for example, the court and state charges for defensive driving currently total $214 before the school’s fee. Current advertised school fees reviewed by The Republic ranged from about $20 to $69, putting the overall cost at roughly $234 to $283, which can be similar to the cost of a lower-level speeding ticket.
If a violation is more expensive, traffic school can save the driver money aside from getting the ticket dismissed and avoiding points.
Arizona generally limits drivers to using defensive driving school for one eligible violation during a 12-month period.
Criminal traffic offenses, including DUI and reckless driving, do not qualify. Cases that involve someone seriously injured or killed also do not qualify.
Drivers usually must arrange for defensive driving before the date printed on the ticket. Missing the deadline can end that option unless the court agrees to reopen the case.
What happens if you miss the date on a civil traffic ticket?
If a driver does not pay, request a hearing or otherwise respond by the civil ticket’s deadline, the court can enter a default judgment.
That means the court takes the non-response as an admission of guilt. The driver can face the original fine, additional fees and or collections.
An unpaid civil traffic judgment also can prevent someone from renewing a vehicle registration.
The Arizona Department of Transportation receives notice of the unpaid judgment electronically through the Arizona Administrative Office of the Courts. The notice is then attached to the person’s Motor Vehicle Division record.
In the past, that could lead to a suspended license, but ADOT said in an email to The Republic that an ordinary noncommercial driver’s license is no longer suspended for failing to appear on a civil violation that occurred on or after Jan. 1, 2019.
Suspensions tied to civil violations placed on a driving record before that date remain until the case is resolved.
What happens if you miss a criminal traffic appearance?
Missing court for a criminal traffic charge can carry much more serious consequences.
Unlike a civil ticket, a criminal traffic case can result in a bench warrant and a driver’s-license suspension when the person fails to appear. Criminal traffic charges can include offenses such as DUI, reckless driving and leaving the scene of certain crashes. Some include the possibility of jail time.
A citation also can contain both civil and criminal charges. Drivers should not assume that paying online will resolve every violation.
What should you do after missing the deadline?
If you miss the deadline, contact the court listed on the citation immediately.
For a civil case, ask whether the court entered a default judgment and whether you may pay it, establish a payment plan or file a request to set aside the default.
A driver who asks to set aside a default judgement generally must explain why the deadline was missed.
For a criminal case, ask whether a warrant or license suspension was issued and what steps are required to clear it.
Once a resolved case is reported to ADOT, the Administrative Office of the Courts sends the clearance electronically. ADOT said the update can take up to 24 hours to appear on an MVD record.
This article originally appeared on Arizona Republic: How traffic school and court work after you get a ticket in Arizona
