Civil Traffic Violations

    The Arizona Legislature has for some time determined that it would be in the best interests of both the courts and the traffic defendants to have an alternative procedure for handling minor traffic offenses.  Rather than treat these offenses as criminal acts, these violations are called "civil traffic offenses", and are governed by their own rules and statutes:

• Rules of Procedure in Civil Traffic Violation Cases (access after brief free registration to all rules, then click on Civil Traffic)

• ARS 28-1591 et seq.

    Here are a few pointers if you have been issued a civil traffic violation notice:

1. Don't blow off the appearance date or a fine payment.  Failure to appear (FTA) or failure to pay (FTP) means the issuing court needs only to contact DMV to have a license suspension order issued, and under ARS 28-3473.C (driving while license suspended for FTA/FTP), a class 1M, with minimum fines of $300/$50, a court cannot dismiss the charge simply because you took care of the underlying fine.  In many cases, a subsequent minor traffic offense turns into arrest, vehicle impoundment, and serious criminal DUS charges because a license check shows FTA/FTP.

2. Class 2M criminal charges can be added to civil traffic violations if you fail to stop or produce a drivers license or identity (ARS 28-1595)

3. At an informal hearing, rules of evidence and right to a jury do not apply (ARS 28-1596.C).  If you fail to appear at a hearing, the State's allegations are deemed admitted, the court enters a sanction (fine), and the judgment is reported to DMV automatically (ARS 28-1596.E).