Civil and Traffic

A.R.S. 28-645A3A – Red Light Violation & A.R.S. 28-647.1 – Flashing Red Stop Signal:

Persons found responsible or entering a plea of responsible, will be ordered by the Motor Vehicle Division (MVD) to attend and successfully complete Traffic Survival School (TSS). If you are eligible for defensive driving school and complete the class, the violation will be dismissed, and you will not be subject to the requirement to attend a TSS class by the MVD. 

A.R.S. 28-2532A – No Vehicle Registration:

Violation dismissed upon proof of current registration. 

A.R.S. 28-3169A – No Driver License in Possession:

Violation dismissed upon proof of driver license valid on the date and time of the violation. 

A.R.S. 28-907A & B – Child Passenger Restraint:

You may be eligible to attend a child safety course, offered through Casa Grande Police Department. The total fine amount due will be reduced to $0 and you may receive a free child restraint system. There is a fee to attend the class. For more information, contact the Court. 

28-4135A – No Mandatory Insurance:

The total amount due ranges from $1020 to $1915. If you present proof of purchase of a 6 month current insurance policy and a copy of your MVD record showing no convictions for violating A.R.S 28-4135 within 24 months prior to the date the complaint was issued, or only one conviction for violating A.R.S 28-4135 within the 36 months prior to the date the complaint was issued the total amount due may be reduced to $230. 

A.R.S. 28-4135B & C – No Proof of Insurance:

The total amount due ranges from $1020 to $1915. Provide proof showing the vehicle involved was insured on the DATE and TIME the complaint was issued the violation will be dismissed. If you present proof of purchase of a 6 month current insurance policy and a copy of your MVD record showing no convictions for violating A.R.S 28-4135 within 24 months prior to the date the complaint was issued, or only one conviction for violating A.R.S 28-4135 within the 36 months prior to the date the complaint was issued the total amount due may be reduced to $230. If you are unable to provide proof of insurance for the DATE and TIME the complaint was issued, you must come to court on or before your court date.

You may have received more than one charge on your Arizona Traffic Ticket and Complaint Form. If you qualify for the defensive driving program option, it will only address one eligible traffic charge. If you receive an extension to complete a defensive driving class, it only applies to the eligible charge.

If you qualify for the defensive driving diversion option, it may be applied to only one eligible traffic violation. You must address any additional violations on or before the appearance date on your complaint. If you receive an extension to complete a defensive driving class, it only applies to the eligible violation.

ADVANTAGES: 

1. The violation will be dismissed.
2. You will receive no points against your license for that violation.
3. You will not have to pay the sanction amount due.

ELIGIBILITY: You may be eligible if you meet all of the following requirements:

1. You have not attended a defensive driving class in the State of Arizona for dismissal of a traffic violation within the past twelve (12) months (violation date to violation date).
2. A violation code on your complaint matches one that is noted with an asterisk (*) in the SANCTION/FINE SCHEDULE.
3. Your traffic violation did not result from an accident involving death or serious physical injury.

* Please note: a commercial driver’s license holder is eligible only if the individual was driving a vehicle requiring a class D or a class M license and the vehicle was not being used for commercial purposes.

WHAT TO DO: 

Enroll immediately by viewing or calling the following:

1. Public website
2. Toll-free number: 1-888-334-5565
3. Complete the class AT LEAST SEVEN BUSINESS DAYS PRIOR to the court date written above your signature on the complaint.

Failure to complete the defensive driving class AT LEAST SEVEN BUSINESS DAYS PRIOR to your court date may cause additional monetary penalties to be imposed and a possible hold on renewal of vehicle registration.

The following contains basic information about the civil hearing process. Read this BEFORE appearing for the hearing.

1. What is a Civil Traffic Hearing?

Under Arizona law, if a person denies the allegations filed in a citation or complaint, the Court must set the matter for a hearing. During the hearing, witnesses will testify, evidence is presented by both sides, and after all evidence and testimony has been presented, a final order will be issued by the judge.

2. What issues can be contested in a Civil Traffic Hearing?

The issues to be contested in a hearing will depend on the specific violation(s) written on the ticket. The Statutes and City Codes can be found in most public libraries and online. The civil traffic hearing is only about whether this alleged law was violated. The State does not have to prove that you committed the act intentionally.

3. Who determines which issues are relevant to the hearing and the outcome of a Civil Traffic Hearing?

A civil traffic case is decided by applying the standard of proof provided by law which is a "preponderance of the evidence". If the State proves that the preponderance of the evidence demonstrates it is more likely than not that a violation occurred, the State prevails. If the evidence does not support the allegation in the complaint, the defendant prevails. A judicial officer decides what is relevant evidence and the outcome of the case. There is no right to a jury trial for these cases.

4. What types of evidence (exhibits) can be presented to the court?

All evidence must be "relevant and material and have some probative value to a fact at issue". Before considering what evidence to present, consider the facts that are at issue, and whether the proposed evidence helps prove these facts. Types of evidence that may be offered include witness testimony, prior witness statements or sworn testimony, diagrams, exhibits, photographs, or evidence on a cell phone or computer. Please note the Court must retain all offered and accepted evidence until the appeal period has expired or through the time the case is pending appeal. **If your case requires the use of the Digital Evidence platform, you will receive an email from CaseLines, a secure third-party provider, used by the Casa Grande City Court within three days of receiving this court date notice. This email will contain the link to register on the system and view and upload exhibits for your case. If there are any exhibits (i.e., documents, photographs, diagrams, text messages, emails, social media messages, etc.) that you would like the Court to consider, you must upload those exhibits through the digital evidence portal no later than 24 hours in advance. If you do not receive the email (you may need to check your spam or junk folder), or if you are unable to access the portal, please call (520) 421-8675 as soon as possible.

5. What is the procedure for the hearing?

The Court will call the case to order and verify that the parties are ready to proceed. The judicial officer will read aloud the complaint, identify evidence and witnesses that will be testifying, and the hearing will begin. The order of testimony is as follows: testimony of State’s witnesses, testimony of defense witnesses, testimony of State’s rebuttal witness, if any, and surrebuttal testimony by defense witnesses if needed. The defendant may ask questions of any witnesses regarding what they have presented in their testimony. During questioning, the defendant will not be allowed to argue with or contradict the witness, or otherwise make any statements about his or her case. The defendant will be given a chance to make statements about the case if he chooses to testify under oath.

6. When does the hearing conclude?

After each side has had an opportunity to present their respective cases, the judicial officer will announce a "close to the evidentiary portion of the proceedings." This means that the time to present each side’s case has come to an end and the judicial officer will no longer consider any further statements, argument, or any other presentation by either side. The judge will advise the parties of the judgment.

7. If a defendant is found "Responsible" for the violations, and a fine is imposed, when must the fine be paid?

If you are required to pay fines, sanctions, penalties, fees, or other financial obligations as a result of this complaint and you are unable to pay, bring this to the attention of court staff or the judge as payment over time or other alternatives may be available. Do not ignore this complaint and the responsibility to pay as this may result in additional penalties and costs to you.

8. Can a defendant appeal the decision of the court?

If the State prevails, the defendant has the right to appeal the case to the Superior Court. Superior Court will review the record of the case for any legal errors that may have occurred during the hearing. You do not have another hearing to relitigate the facts before the appellate judge.