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Justice Court-Civil Traffic Violations

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1. I have a citation. What do I do next?

If your violation is marked “CRIMINAL” skip down to “Criminal Charge” below.

If your violation is marked “CIVIL” continue here.  

All traffic citations have a date written on them, by which you must “appear.”  Appear means that you let us know what you want to do about the citation.

Look down by the officer’s signature for “appear on  __-__-20_.”  You may appear on or before that date and the clerks can help you do that when you tell them how you wish to proceed.

2. When is my court date?

The initial court date and time is written at the bottom of your citation you must appear on or before that date.

3. What if I can’t appear on my court date?

• If you are unable to appear for your court date, you must contact the court at 928-428-1210
• If you miss your court date, further actions may be taken on your case
• You may also come in prior to the court date

4. What if I don’t appear?

A Civil Traffic citation from a police officer must be dealt with in one manner or another whether you agree with the officer or not.   A failure to deal with it properly (by appearing) will only cause it to be dealt with in the alternative.  That means, if you “Fail To Appear” (FTA) by your date, the law says;

1. You will be “deemed” responsible, as charged, by default.
2. The fine will be levied against you automatically.
3. MVD will probably suspend your driver license.
4. A new charge of Failure To Appear will be added (in criminal cases).
5. An arrest warrant “shall” be issued for the F.T.A.  (in criminal cases).
6. If you don’t pay the fine, MVD will suspend your vehicle registration.

5. How do I request a hearing to challenge my ticket?

You must appear in court and file a Not Responsible plea to request a hearing or you may file a motion by mail or by fax. Be aware that once you file the request for a hearing, you lose / waive your right to attend Defensive Driving School.

6. What happens at the civil traffic hearing?

In Person

At the hearing, you must appear in person (possibly with an attorney) to cross-examine the officer and / or put on your own defense. Bring to the hearing any and all evidence / testimony that you want the judge to hear in your case.

Subpoena

If you need a subpoena to get your witness into court, apply to the court to have the subpoena issued and served. Remember, your case is your responsibility; take action to present a good defense. You may either appear and defend, or you may have an attorney appear for you. No other party can represent you.

Preponderance of Evidence

At the hearing, the officer’s burden is to show by a “preponderance of the evidence” that you committed the offense. Sometimes, that is described as 51% rule, that you committed the offense. For anything less than these levels, the court will enter a dismissal of the charges. If the officer does not appear, your case will also get dismissed. But if it is you that doesn’t appear, the finding usually goes to the state and against you. Be sure to attend the hearing.

7. Can I get the citation dismissed?

The only way that a court can dismiss your case is at the request of the plaintiff (the state prosecutor), upon the officer not appearing at the hearing, or when after a hearing the court finds for the defendant.

8. How much is my fine?

Because all fines are different, contact the court or go to the Civil Traffic website.

9. What happens if I don’t pay?

If you do not pay your financial obligation to the court:

• A hold may be placed on your vehicle registration until your fine is paid in full.
• MVD will be notified to place suspension on your driving privileges even if you live in another State.
• You may be referred to a collection agency resulting in additional fees.

10. What if I can’t pay my fine in full?

If you cannot pay your fine in full, bring that to the attention of the Judge or a clerk and payment arrangements can be made by making monthly payments to the court.

11. How can I pay my fine?

• Mail your payment to:
  P.O. Box 1159
  Pima, AZ 85543
• Pay by cash in person only (exact amount) Do not mail cash
• Pay online only with debit / credit card
• Pay with Money Order or Cashier Check (in person or by mail)
• Pay online at Justice of the peace #2 payments page

12. Where can I mail my payment?

If your payment is meant for Pima Justice Court Prec 2 in Pima Arizona:
Mail your payment to:
P.O. Box 1159
Pima, AZ, 85543

We do not accept payments for other courts, we will return the payment to you. If you do not know where you need to send your payment, you can search your case at Arizona Judicial Branch Case Search website.

13. Payments, and Non-Payment Sanctions

If you either admit, or are found responsible, you can assume there will be a fine associated with your case. (see “Fines” in this web site)  You are expected to pay that fine at that time.

Cash can be delivered to the clerks;   Money Orders/Cashier Checks may be mailed (don’t mail cash);  Credit/debit cards may be taken over the internet. see EZ-Track on this web site.) 

Installment payments    If however, you cannot make payment in full, you can arrange with the court to pay in installments over time, but an additional $20 fee will be added.   If you are approved to make installment payments, and then default on one of your payments, your driver’s license can be suspended without further notice. That is an MVD action not a court action.  Therefore, if an emergency which will prevent you from making your installment payment has occurred, you must contact the court and ask for a temporary waiver of your payment.

14. I am too busy to go to court. Can I use the MAIL or the INTERNET?

Yes, you can use either or both.   Throughout this internet site there are forms you can print and return in person or by mail, to indicate your “appearance” option (Responsible / Not-responsible / Traffic School).  If your written response is either Not Responsible or Traffic School, the paper will serve as your appearance and you do not then have to come into court on that date.   The court staff will take your paper response and work out a schedule with you.

If your response is “Responsible” you will need to make the payment in some manner.  See options below.

For example;

1. If you are pleading responsible, the site contains information on how you can use “EZ-Track” on the internet, to register and pay on-line, or alternatively to send payment to the court by mail, thus avoiding any need to actually walk into the court itself.   (see ticket options)
2. If you are pleading Not responsible, these forms can be sent to the court that also qualify as your appearance, which can be sent in by internet or mail.   Thereafter, you will soon be sent back a notice of the date/time for your traffic hearing (like a small trial), normally set for about 30 days later.   For that hearing you will normally be present.  (see ticket options)
3. Alternatively, information found here will show you how to register on-line or by phone to attend traffic school (which may get your ticket dismissed).   That too would alleviate any need for you to come into the court.  (see ticket options)

However, you can always walk into court at any time if you prefer, and/or hire an attorney to appear for you.

15. What does the law say about my violation?

On this web-site, there is a link entitled, “Arizona Revised Statues.”   From that link, you can select the title and section of any law of interest to you, and read the black-letter law. 

In addition, you may want to look at the Court Rules which the courts must follow in conducting your hearing.  

1. For civil driving offenses, see “Traffic” rules. 
2. For misdemeanor driving violations, see “Criminal Traffic” rules. 
3. For non-traffic misdemeanors, see “Rules of Criminal Procedures.”  

Alternatively, you can come into court and use the books here or at your library.

16. What does this do to my driving record?

If your case is ultimately dismissed, nothing happens to your driving record.  However, if you are found responsible (either by pleading responsible, or being found responsible after a hearing, or by failing to appear) the court will generally enter a customary fine for the offense.

Any and all “points” assessed against your license are strictly and only the result of MVD action; The court does not ever order any points against your license.  Nor can the court order MVD to not assess points.   MVD operates under their own policies.   In addition, it is possible that MVD will assess additional penalties, including Defensive Driving School, Traffic Survival School, Suspend the license, etc.   Contact MVD for information concerning your driving record and any possible consequences.

17. Can I talk to the judge?

Generally, the judge is not allowed to talk about evidence in the case with only one party at a time.  Therefore, the judge tries to avoid talking about the details of the case with you, or the other side, separately.  The best way to discuss the facts is to see an attorney who can advise you of what you should do or not do.  The judge cannot advise you and cannot keep your conversations private from the other party.

18. If I want to "fight" the ticket, what do I do?

• First, “appear” as explained above, which is filing a response of “not responsible,” thus asking for a hearing. 
• Then at the hearing, appear in person (possibly with an attorney) to cross-examine the officer and/or put on your own defense.   Bring to the hearing any and all evidence/testimony that you want the judge to hear in your case. 

If you need a subpoena to get your witness into court, apply to the court to have the subpoena issued and served.  Remember, your case is your responsible; take action to present a good defense.  You may both appear and defend, or you may have an attorney appear for you. No other party can represent you.

At the hearing, the officer’s burden is to show by a “preponderance of the evidence” that you committed the offense.  Sometimes, that is described as a 51% rule, that you committed the offense.  For anything less than this levels, the court will enter a dismissal of the charges.  If the officer does not appear, your case will also get dismissed.  But if it is you that doesn’t appear, the finding usually goes to the state and against you. Be sure to attend the hearing.

19. Can I attend Defensive Driving School (DDS)?

Yes, if you qualify. You can attend once every 12 months, and get a single charge dismissed.  There is a registration fee to attend.  A full explanation, instructions, and form to apply for DDS can be found at;

20. Criminal Charge - What happens at my first appearance?

• If your citation lists any charge that is “criminal” you must personally be present in court on the date and time on your paperwork, or call the court for an alternate date/time to appear in court.  That personal appearance is called an Arraignment. 
  • At this arraignment, the judge will inform you of the charge against you, advise you of your rights, and asks you how you are going to plead (guilty or not not-guilty) so the events of your case can be placed on the court schedule.
  • If you plead guilty, the court can then inquire into the facts, could accept your plea, and could then sentence on the charges.  
  • Otherwise a not-guilty plea is entered and your case is set for a meeting where you talk to the prosecutor (at a later date/time) to see if you can settle your case without a trial.