In Arizona, a person served with a civil traffic complaint may appear at the time and place stated on the complaint and must admit or deny the allegations. If the allegations are denied, the court will set an informal, bench hearing where the state must prove the violation by a preponderance of the evidence. If the allegations are not denied when appearing, they are treated as admitted and the court will enter judgment for the state.
Hearings are generally informal, without a jury, and technical rules of evidence do not apply except for statutory privileges. If representation by counsel is chosen, the court requires notification at least ten days before the hearing. Failure to appear when required can result in the allegations being deemed admitted and judgment entered against the person, which the court may report to the department if license suspension or revocation is implicated.
Current Arizona law
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The deadline that matters
If denying the complaint and choosing counsel, notify the court at least ten days before the hearing date under Ariz. Rev. Stat. § 28-1596.
What Arizona law says
The law says a person served with a civil traffic complaint must appear and admit or deny the allegations under Ariz. Rev. Stat. § 28-1596. If the allegations are denied, the court must set an informal hearing where the state must prove the charge by a preponderance of the evidence, and technical rules of evidence generally do not apply Ariz. Rev. Stat. § 28-1596. A traffic complaint may be served by delivering the uniform traffic ticket or by other means allowed under the rules of civil procedure, and the issuing authority must file the original complaint in court within ten court days of issuance Ariz. Rev. Stat. § 28-1593. The state and the person may subpoena witnesses under the statute governing subpoenas, and the rules of civil procedure generally do not apply to these proceedings Ariz. Rev. Stat. § 28-1597. For toll-evading notices the department provides an administrative hearing process, and a petition for hearing generally must be filed within one year after the deadline in the notice Ariz. Rev. Stat. § 28-7760. An admission or judgment on a civil traffic complaint is not admissible as evidence of negligence in unrelated civil or criminal proceedings, unless another statute allows it Ariz. Rev. Stat. § 28-1599.
What to do
A common first step is to appear at the time and place shown on the complaint or ask the court if an earlier appearance is allowed.
A common step is to enter a denial at the appearance so the court will set an informal hearing.
A common step is to consider whether to seek witnesses and, if so, request subpoenas as allowed under Ariz. Rev. Stat. § 28-1597.
A common step is to decide whether to be represented by counsel and, if represented, notify the court at least ten days before the hearing.
A common step for toll-evasion notices is to file a petition for an administrative hearing within one year after the deadline in the notice under Ariz. Rev. Stat. § 28-7760.
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Common questions
What happens if no one denies the complaint at the appearance?
Allegations not denied at the time of appearance are deemed admitted and the court will enter judgment for the state and impose a civil penalty under Ariz. Rev. Stat. § 28-1596.
Is the traffic hearing formal court with strict evidence rules?
No, the hearing is informal and without a jury. The state must prove the violation by a preponderance of the evidence and technical rules of evidence generally do not apply, per Ariz. Rev. Stat. § 28-1596.
Can witnesses be brought to a traffic hearing?
Yes, the state and the person charged may subpoena witnesses as provided by the subpoena statute cited in Ariz. Rev. Stat. § 28-1597.
What if the ticket is for toll evasion?
A toll-evasion notice can be contested through an administrative hearing with the department, and a petition for hearing generally must be filed within one year after the notice deadline under Ariz. Rev. Stat. § 28-7760.
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This page provides legal information about Arizona law, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
