There are two types of hearings for contested civil infraction cases:

Civil Infraction Informal Hearing:

The majority of contested cases are heard and decided at informal hearings. A hearing conducted by a District Court Magistrate involving the police officer, the defendant and any witnesses, held without a prosecutor or defense attorney. The determination may be appealed to a formal hearing.

Civil Infraction Formal Hearing:

A hearing conducted by a District Court Judge involving the police officer, defendant and all witnesses. An attorney may represent defendant, and a prosecutor must be present.

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How do I request a hearing?

To request an informal or formal hearing, notify the court in person, in writing or by phone, that you are denying responsibility for your citation and specify if you wish to have an informal or formal hearing.

Please notify the court of any dates and time that you will not be available to appear for your hearing. (The court will try to accommodate reasonable requests).

Also, inform the court of the address you wish to have your notice to appear sent, if it is different from the address on your citation. A phone number where you can be reached during business hours 8:00 a.m. through 5:00 p.m. is appreciated.

Requests for informal or formal hearings must be received within 14 days from the date the ticket was issued. Failure to make a timely request for a hearing will result in entry of a default judgment against the defendant.

What happens if I don’t show up for a hearing?

If a defendant fails to appear at an informal or formal hearing the court may enter a default determination of responsibility and impose appropriate sanctions. Failure to answer a citation or notice to appear in court for an informal or formal hearing can also result in license suspension.

Page Last Modified: May 19, 2008 at 2:44 pm