INFORMAL HEARING

WHAT IS AN INFORMAL HEARING?

An informal hearing is a court proceeding held to decide whether you are responsible for the traffic offense in 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.

HOW IS THE HEARING DIFFERENT FROM A TRIAL?

The Magistrate, rather than the District Judge, usually presides over the hearing. Neither party may be represented by an attorney. There is no jury and no court reporter. The Magistrate’s final decision will be based on preponderance, a 51 to 49 percent majority of the evidence, not on proof beyond a reasonable doubt. Intent is not a criteria whether an individual is responsible or not responsible.

HOW DO I DEFEND MYSELF AT THE HEARING?

You will testify on your own behalf, you may have witnesses testify on your behalf, and you may ask questions of the witnesses against you. It is expected, however, that any questioning will be concise and courteous.

The citing officer may also bring witnesses, so in general, remember that the hearing is your “day in court”, so come prepared.

MUST I PAY WITNESSES FOR APPEARING?

Yes, if you are the party subpoenaing the witness. Current witness fees are set by statute; they are $6.00, plus $.10 per mile traveled to and from the hearing. Subpoena forms may be obtained from the court clerk.

WHAT ARE THE POSSIBLE OUTCOMES OF THE HEARING?

• Not responsible
• Responsible or
• Responsible for a lesser infraction than the one charged

WHAT IF THE HEARING DATE I RECEIVE DOES NOT WORK?

Since both parties are noticed to appear for this hearing, we require you to contact us to reschedule a minimum of three full business days prior to the hearing date. We will allow each party to reschedule once for cause.

The following are acceptable reasons for cause:

• Serious medical treatment having been scheduled prior to notice date.
• Work training/seminars having been scheduled prior to notice date.
• Planned vacation having been scheduled prior to notice date.
• Death in the family/close friend.
• Wedding in the family/close friend.