Most traffic citations that are given out by law enforcement are considered civil violations. These include running a stoplight, speeding, making an illegal turn, crossing the street illegally, or a parking meter violation. The penalty for a civil traffic infraction is usually a fine. Additionally, points may be assessed on your driving record. An infraction is a non-criminal charge.
If you have Criminal Traffic or Misdemeanor violations included on your citation, you must appear before the judge on your scheduled appearance date.
Note: Failure to appear or pay will result in an admission of responsibility and judgment will be entered for the State.
Visit the Forms and Form Kits page to view and download forms related to traffic cases.
Civil Traffic Violations
- Options
-
If you have been charged with a civil traffic violation, you have the following rights:- The right to have a civil traffic hearing before a justice of the peace or a civil traffic hearing officer.
- The right to be represented by counsel at the hearing. If you choose to be represented by counsel you must notify the court in writing at least 10 calendar days prior to the hearing date, otherwise you waive your right to be represented by an attorney. The court does not appoint attorneys for civil traffic violations.
- The right to question witnesses testifying against you and cross-examine them as to the truthfulness of their testimony.
- The right to present evidence on your behalf and the right to have subpoenas issued by the court at no cost to you to compel the attendance of witnesses.
- The right to appeal the outcome of the civil traffic hearing. There is, however, no right to appeal a judgment entered by default because of your failure to appear.
Pay Citation
You may pay your citation or monthly payment to the court by money order, certified check or credit card. You also have the option to pay online.
If you are required to pay fines, penalties, fees or other financial obligations as a result of judgment of this court and you are unable to pay, bring this information to the attention of court staff or the judge because payments over time or other alternatives may be available. Do not ignore your responsibility to pay, as this may result in additional penalties and costs to you. For more information, contact the court or an attorney.Plea of Responsible
A civil traffic violation does not require a court appearance before the Judge. You may enter a plea of responsible and pay the fine in person or by mail. Follow the instructions on the bond schedule provided to you by the officer. You will be required to pay the bond amount listed on your bond schedule. The Courts accept money orders, certified checks or credit card. Do not send cash through the mail. You may also pay online by clicking here.
Plea of Not Responsible
You may request a civil traffic hearing by mail or by appearing on your scheduled court date. If you request a hearing, you give up the option of attending a defensive driving school. You may post a deposit that is equal to the fine amount. You will receive a new hearing date. If you fail to appear on the new hearing date, your deposit will be forfeited. If you do not post a deposit prior to the hearing date, you must be prepared to pay the fine in full on the hearing date if you are found responsible
Attend Defensive Driving School
If you received a civil traffic moving violation, you may be eligible to take a defensive driving class and have the violation dismissed. Find out more about Defensive Driving School.
- Appeal Process
-
After the conclusion of a civil traffic hearing, the State or the defendant may appeal the judge's ruling. The appeal procedure is set forth in Rules of Court Procedure for Civil Traffic and Civil Boating Violations and in the Arizona Revised Statutes.
To start an appeal, a Notice of Appeal must be filed with the originating court within fourteen (14) calendar days from the date of the final order. If a Notice of Appeal is not filed within 14 calendar days, the final order can no longer be appealed.
There are two stages to the appeal process. The first stage begins in the Justice/Municipal Court; the second stage takes place in the Superior Court. All steps must be completed at both stages to avoid possible dismissal of the appeal.
The person who files the appeal is the Appellant. The opposing party is the Appellee. The Justice/Municipal Court is the trial court.
If the fine has been paid in full, the fine may be held as a bond throughout the appeal process. If the option of a payment plan is provided by the court, the defendant must remain compliant with the agreed upon terms during the appeal process.Visit the Forms and Form Kits page for an appeal packet and instructions
Criminal Traffic Violations
- Introduction
-
If you have been charged with a criminal traffic violation, you have the following rights:
- The right to a trial before a justice of the peace, and in some cases, before a jury.
- The right to be represented by an attorney at all stages of the case. In some cases, if you are unable to pay for an attorney, the court may appoint an attorney for you. You will have to provide evidence that you are indigent or are unable to afford an attorney. The court may require that you contribute a reasonable amount toward attorney fees.
- The right to confront witnesses and cross-examine them as to the truthfulness of their testimony.
- The right to have subpoenas issued by the court at no cost to you to compel the attendance of witnesses.
- The right to remain silent and to be presumed innocent until proven guilty beyond a reasonable doubt.
- The right to appeal. There is not right to appeal a guilty plea.
- Options
-
At an initial appearance/arraignment you will be informed of the charge(s) against you and their possible maximum and minimum penalties. At this time, you will enter a plea to the charge(s). You have the following plea options:
Not Guilty
A plea of Not Guilty means that you are denying the charge(s) against you and the State will have to prove the charge(s). At this time, you may request court appointed counsel. A Pre-Trial Conference will be set at a later date, and you will be ordered to appear.
Guilty
A plea of Guilty means that you are admitting that you did what you are charged with. It will result in a conviction for the charge(s). You may be sentenced at this time, or a Judgment and Sentencing will be set later.
No Contest
A plea of No Contest means that you are not admitting or denying guilt, but do not intend to contest the charge(s). In this case, the Judge will find you guilty of the charge(s). It will result in a conviction for the charge(s).
- Pre-Trial Conference
-
It is mandatory that you attend the Pre-Trial Conference. You should appear with your attorney, if you have one. If you do not attend the Pre-Trial Conference, you will be in violation of a court order and a warrant will be issued for your arrest.
The purpose of a Pre-Trial Conference is for you to meet with a Prosecutor to discuss your case. You will get a copy of the police report. The Prosecutor will advise you of the sentence he/she intends to recommend in the event you are convicted. You will have the following choices:
- You can accept the plea agreement with the prosecutor and change your plea to Guilty or No Contest. You will receive a court date for a Change of Plea. At that time, you will be sentenced to the terms that you have agreed to in the plea agreement unless the Judge does not accept it. If this happens, you have a right to withdraw your change of plea.
- If you reject the plea agreement, a Court Trial will be set for your case.
- Court Trial
-
You will appear at the Court Trial with your attorney if you have one representing you. The Prosecutor will present the State’s case. You or your attorney will have the right to cross-examine each witness for the State. You may testify on your own behalf. If you do testify, you will be subject to cross-examination by the Prosecutor.
If you are found Not Guilty, any bond that you have posted will be refunded. If you are found Guilty, you may be sentenced at that time or set for sentencing at a later date. If found Guilty, you have the right to appeal the conviction and/or sentence by filing a notice of appeal within fourteen (14) days from the sentencing date. The appeal is a review of the case. You would not automatically receive a new trial.
The following violations require an appearance before the Judge:
ARS 28-693A
Reckless DrivingARS 28-695
Aggressive Driving
ARS 28-661A1
Leaving the Scene of an Accident/ Personal Injury
ARS 28-661A2
Failure to Stop at the Scene of an Accident/Personal Injury
ARS 28-708A
Racing on Highway
ARS 28-1381A1
Driving While Under the Influence of Intoxicating Liquor or Drug
ARS 28-1381A2
Driving While Under the Influence of Intoxicating Liquor with A Blood Alcohol Content of .08 or More
ARS 28-1381A3
Driving While Under the Influence of Drugs or Metabolite
ARS 28-1381A4
Driving While Under the Influence of Intoxicating Liquor in a Commercial Vehicle with A Blood Alcohol Content of .04 or More
ARS 28-1382A
Driving While Under the Extreme Influence of Intoxicating Liquor
ARS 28-3473A
Driving While Driver’s License Suspended/Revoked/Cancelled - Appeal Process
-
After the conclusion of a criminal trial, the State or the defendant may appeal the court’s ruling. The appeal procedure is set forth in Superior Court Rules of Appellate Procedure and in the Arizona Revised Statutes.
To start an appeal, a Notice of Appeal must be filed with the trial court within fourteen (14) calendar days from the date of the final order. If a Notice of Appeal is not filed within 14 calendar days, the final order can no longer be appealed.
There are two stages to the appeal process. The first stage begins in the Justice/Municipal Court; the second stage takes place in the Superior Court. All steps must be completed at both stages to avoid possible dismissal of the appeal.
The person who files the appeal is the Appellant. The opposing party is the Appellee. The Justice/Municipal Court is the trial court.Visit the Forms and Form Kits page for a complete appeal packet and instructions.