If you have entered a plea of not responsible, but are not able to appear in court for a Civil Traffic Hearing you may be able to request a documentary hearing.

Documentary Hearing Process:

  1. Ask the court if this is an option
  2. Plead Not Responsible and request a documentary hearing
    1. File a written request with the court stating why it would be a substantial hardship for your to appear in person
  3. If approved, submit a notarized, written, statement according to the policies of the court detailing the facts of your case and situation
  4. Along with your statement, the court may require a deposit of the FULL fine amount on your citation (this will be refunded to you if you are successful in your hearing)
  5. You will be notified by mail after the hearing as to the outcome of the hearing

Things to Consider:

  1. The Arizona Rules for procedure guarantees the right to hear and more importantly, cross-examine, testimony presented by the state.  This usually involves being able to question the citing officer.  If you are not present you will waive this right and not have the chance. 
  2. Any evidence presented must be relevant, material, and have probative value to the facts in the hearing.  If you are not there you will not be able to voice any objections to any evidence that the state tries to introduce.  You will also not be able to respond to any objections to any evidence you may present in your affidavit.
  3. Someone who is present is able to answer questions and clarify any part of their testimony.  You also have the advantage of having your testimony weighed equally with that of the other testimony presented by the state.

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This website has been prepared for general information purposes only. The information on this website is not legal advice. Legal advice is dependent upon the specific circumstances of each situation. Also, the law may vary from state-to-state or county-to-county, so that some information in this website may not be correct for your situation. Finally, the information contained on this website is not guaranteed to be up to date. Therefore, the information contained in this website cannot replace the advice of competent legal counsel licensed in your jurisdiction.

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