CONDUCT OF THE HEARING ON THE INFRACTION

(a) Generally . The court shall conduct all hearings in accordance with applicable law. (b) Procedure . The procedure for all hearings shall be informal. A prosecutor will not be present and witnesses will not be required. (c) Standard of Proof . The standard of proof applied shall be a preponderance of the evidence. (d) Appearance . A defendant may appear for a contested or mitigation hearing either in person or by written statement. (e) Written Statement . In lieu of appearing in person for a contested or mitigation hearing, a defendant may submit a written statement. The court shall review the written statement, determine whether the defendant is contesting commission of the infraction or requesting mitigation, enter judgment, and determine the amount of the monetary assessment, costs and fees, if any. (f) Evidence . Evidence shall consist of the notice of infraction, applicable police reports or other written statements by the issuing officer, and any evidence or written statement submitted by the defendant. The judge shall not be bound by rules of evidence, except provisions relating to privileged communications. (g) Failure to Appear . If a defendant fails to appear for a contested or mitigation hearing, either in person or by written statement, the court shall enter default judgment in favor of the State. (Amended December 8, 2005, effective January 1, 2006.)