Information Hearing FAQ
What if I have further questions?
Ask any court employee; they will find the answer for you.
Important: Court employees cannot provide legal advice.
Do I have a right to appeal?
Yes. If found responsible, you may appeal for a formal hearing before a district judge.
How to appeal: Within 7 days of judgment, complete an appeal form and file it with an appeal bond equal to the fine and costs. No filing fee is required for the appeal.
What are the penalties and violation points?
The fine amount remains as originally quoted, plus court costs (not to exceed $100). The magistrate may also require driving school.
What happens if I fail to appear?
• Found responsible automatically.
• Original fine + $25.00 default fee assessed.
• Failure to pay within 28 days triggers a 14-day notice.
• Ultimate failure to pay may lead to license suspension or an arrest warrant.
What happens if the citing officer fails to appear?
If the officer does not appear, the case will be either adjourned (postponed) or dismissed. The court requires a 15-minute wait period for either party.
What are the possible outcomes of the hearing?
You may be found not responsible, responsible, or responsible for a lesser infraction than the one charged.
How do I get my witnesses to appear?
You may ask witnesses to come in voluntarily, or use the subpoena power of the court. Subpoena forms may be obtained from the court clerk.
Note: You are responsible for paying witnesses if you order their attendance.
How do I defend myself at the hearing?
You may testify on your own behalf, have witnesses testify on your behalf, and ask questions of the witnesses against you. It is expected that any questioning will be concise, courteous, and not argumentative. Present any documents or physical evidence that supports your case. Come prepared with your defense and questions ready.
How is the hearing different from a trial?
The magistrate, rather than the district judge, usually presides over the hearing. Neither side may be represented by an attorney. There is no jury and no court reporter. The magistrate’s final decision will be based on a preponderance (a 51 to 49 percent majority) of the evidence, not on proof beyond a reasonable doubt.
What is an informal hearing?
An informal hearing is a court proceeding held to decide whether you committed and whether you are responsible for the traffic offense with which you are charged. It is your opportunity to defend yourself, to ask questions, and to have witnesses testify in your favor. The testimony is under oath but the hearing is much less formal than a trial.