Arizona traffic ticket laws

If the offense on your citation /ticket is listed as a criminal violation, you must appear at the Courthouse listed on your ticket at the date and time specified.

DO NOT IGNORE YOUR CITATION. YOUR LICENSE WILL BE SUSPENDED OR A WARRANT FOR YOUR ARREST COULD BE ISSUED IF YOU FAIL TO PROPERLY RESPOND TO YOUR CITATION.

When you do appear before the judge , you have three options:

1. Plead guilty: If you choose to plead guilty, you are admitting that you committed the infraction for which you were ticketed.

Possible penalties include:

• Points on your driving record
• A fine
• Suspension or restriction of your driving privileges
• Jail (for some violations)
• Community service
• Court-ordered education classes

**You must be prepared to pay all fines in full on the date of your hearing .
If you do not pay a fine the day of your hearing, the court will add a time payment fee. Contact the court indicated on your citation to learn what forms of payment are accepted (court contact information). If you do not pay your fine in full, you must complete an application for a time payment order and show proof that you can not make payment.

2. Plead not guilty: This means that you are denying you committed the charge (s) against you. The Court will give you a trial or pretrial date. If you choose this route, you have rights as a defendant .

3. Plead no contest : Under this plea, you are neither admitting nor denying the charges against you and are telling the court that you do not intend to contest the charges. The penalty may be the same as a guilty plea . The judge may consider an explanation before imposing a fine or penalty.

* Certain courts do allow defendants in some criminal traffic cases to enter pleas by mail or videophone link. If you want or need to use this option, you must call or write to the Justice Court as soon as possible after receiving your ticket.

Criminal Pretrial Conference

It is mandatory that you attend the Pretrial Conference scheduled for your hearing. You should appear with your attorney , if you have one. If you do not attend the Pretrial Conference you will be in violation of a court order and a warrant will be issued for your arrest.

Anything you say during a Pretrial Conference can be used against you if you reject or the judge rejects the plea agreement .

The purpose of a Pretrial Conference is for you to meet with a Prosecutor to discuss your case . You will get a copy of the police report, the complaint (s), accident reports, and any other evidence that they plan to use against you at trial. You are not required to discuss the facts of your case with the Prosecutor. The Prosecutor will advise you of the sentence they intend to recommend in the event you are found guilty. Witnesses do not attend the Pretrial Conference, and no testimony is taken.

You will have the following choices:

• You can accept the plea agreement with the prosecutor and change your plea to "Guilty" or " No Contest "
  
  • If you do this you will receive a court date for a Change of Pleas, where you will be sentenced to the terms that you have agreed to in your plea agreement

  If the Judge does not accept your plea agreement, you can then change your plea back to not guilty.

  Initial Appearances in a Criminal Traffic Trial

  Initial Appearances in a Criminal Traffic Trial

  What is an initial appearance ?

  An initial appearance is the proceeding where you will be advised of the charges against you. You will also be advised of your Constitutional Rights and possible penalties.

  What is an arraignment ?

  An arraignment is the time in a criminal proceeding when you have an opportunity to plead guilty, no contest, or not guilty. This is also the time when the conditions of your release will be determined.

  What happens at an initial appearance?

  You will either come to court or appear remotely. You will be called, the Judge will read the charges, and explain what the charges mean. The Judge will then ask how you plead, Guilty, Not Guilty, or No Contest.

  What are the different misdemeanor categories mean?

  Certain charges have what are known as mandatory minimum penalties. This means that if you plead guilty or no contest or are found guilty, there is a minimum penalty described in the statute . If your particular case does not have a mandatory minimum penalty, the Judge will advise you of that when you come up to the bench .

  Misdemeanors come in three categories: class one, class two, class three.

  A class one misdemeanor carries a maximum penalty of $2500, up to 6 months in jail, and up to 3 years probation . An exception for example: a DUI has a maximum probation of up to 5 years.

  A class two misdemeanor has a maximum penalty of $750, up to 4 months, and up to 2 years in probation.

  A class three misdemeanor has a maximum penalty of $500, up to 30 days in jail, and up to 1 year probation.

  In most cases, no matter what class of misdemeanor we are dealing with the minimum penalty may be a suspended sentence.

  What if I plead not guilty?

  If you plead not guilty, you will be given your court date in writing. You must appear at that date and time. When you plea is entered the court will set a pretrial conference date. That is a date where you meet with a prosecutor to exchange evidence and see if the matter can be settled without going to trial.

  What if I plead Guilty or No Contest?

  If you plead Guilty or No Contest, you will be giving up your Constitutional rights, including the right to be represented by an attorney. In most cases, if you plead Guilty or No Contest and the Court accepts the plea, you will be sentenced and that will terminate the matter.

  How do I request a court appointed attorney?

  You have the right to be represented at all court proceedings by an attorney. If you cannot afford an attorney, you may fill out a request for a court appointed attorney. Even if you are indigent, in certain cases, you may not be allowed to have a court appointed attorney. One of the considerations is if the charge has no mandatory jail time upon conviction . The request would be reviewed and a determination made by the Judge whether or not you qualify for a court appointed attorney. You may be required to pay the court back for part or all of the court attorney fees.