Your initial appearance on most violation matters will be before a violations bureau clerk in Room 135. Based on your plea of no contest and your driving record, fines and fees are imposed. Fines are based upon your prior driving record and a predetermined schedule set out by a Judge. Staff does not have discretion to make other "findings”.
You may appear before the violations bureau clerk during regular business hours at any time after the court has received and entered your citation and on or before your appearance date. For violations that the clerk is not authorized to process, a future date will be set for you to appear before a judge.
Make yourself aware of all of the options explained on your citation and be prepared to advise the violations bureau clerk of your decision. One of those options is to enter a plea of no contest and pay the amount shown on the citation without appearance. If you choose this option, the transaction must be completed on or before your appearance date to avoid license sanctions. If you enter a not guilty plea in writing the court will set a future date for you and the officer/deputy to appear for a violation trial. You will receive a notice of court appearance from the court.
The law enforcement officer shall have the burden of proving the alleged violation by a preponderance of the evidence. At trial, you are not required to be a witness. These matters are not recorded unless requested in writing at least one business day in advance of trial. There can be no appeal from the judge’s decision if the matter is not recorded. There is a $10 charge to be paid in advance for a copy on CD of the audio record.
You may request in writing a Trial by Declaration. If Trial by Declaration is allowed, the court will send you notice of the date by which your declaration must be received and will notify the citing officer/deputy of the same due date for his/her declaration. Once the court has reviewed and made a decision, you will be notified by mail.