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Traffic Arraignment and Other Non-Criminal Offenses
You have received a traffic citation or complaint alleging a violation of the traffic law or of municipal ordinances. The Judge will read the charge against you from the citation or complaint. If you have any questions about the charge against you or about your rights, please inform the Judge of your questions at that time.
If you understand the charge against you and your rights, you will be asked to enter a plea. Two pleas are acceptable before this court: Not Guilty or No Contest.
- You can plead Not Guilty. If you do not believe you have committed the offense and deny the charge. The Court will set a date for trial on a future court date.
- You can plead No Contest. A plea of No Contest is a statement that you do not wish to contest the charge or have a hearing on the matter. The Judge will find you guilty. Your fine or other penalty, assessed by the Judge, will depend on your explanation, your driving record, your conduct in Court, and the seriousness of the offense. A plea of "no contest" may result in a conviction on your driving record.
If you wish to plead Not Guilty, the case will be set for trial as soon as possible. You MUST APPEAR at that time and you should bring with you any witnesses you may wish to call to testify in your behalf.
If you are charged with a traffic infraction, only a fine or other civil penalty may be imposed. However, the amount of the fine may vary with the class of infraction. The prosecution will only be required to prove your guilt by preponderance of the evidence, and in as much as no jail sentence may be imposed; you have no right to a court appointed counsel or a trial by jury.
The prosecution of the case would be the City's witness alone, usually the citing officer, unless you choose to be represented by a retained attorney. In that event, the prosecution would be represented by the City Attorney. You are required to advise the Court at least ten (10) days in advance of the time of a trial if you will be represented by counsel in order that the City may also be represented. If you fail to so advise the Court, you will not be allowed to have counsel represent you.
If you have any questions about the procedures outlined above or about your rights, you should ask those questions when your case is called.
