Admission of responsibility with explanation
A defendant’s admission of responsibility with explanation consists of the following:
- An admission of responsibility for the offense charged; and
- An explanation of the circumstances surrounding the offense.
A defendant’s appearance to make admission with explanation may take place in one of the following ways:
- IN PERSON – Defendants who wish to make an admission with explanation in person should contact the court in person, by telephone or mail to schedule an appearance or obtain dates and times of magistrate’s availability. (Defendants may appear by appointment by the appearance date specified, but should call the court first to determine if a magistrate will be available).
- BY MAIL -Appearance by mail is made when the defendant returns the citation to the court with A SIGNED ADMISSION OF RESPONSIBILITY (see back of citation). Mail the signed citation along with your letter of explanation to the court within 14 days from the date on your citation. If payment of applicable fines and costs are not enclosed, the court will notify you by mail of the amount due and the payment deadline. The timeliness of a mail appearance is determined by the postmark date of the defendant’s letter.
If the court finds the defendant responsible with explanation, it may only reduce the civil fines and costs in light of the extenuating circumstances. The court can not reduce the number of points assessed by the Secretary of State.
The defendant’s appearance (by mail or in person) must occur within the time specified. Failure to make a timely appearance will result in entry of a default judgment against the defendant. Noncompliance with the judgment will result in eventual suspension of the defendant’s license, as well as other possible sanctions.
Defendant denies responsibility:
To deny responsibility is to contest the case. The defendant must appear to offer a defense at an Informal or Formal hearing. Denials of responsibility/requests for hearings must be received from within14 days within the date your citation was issued. Request for Informal or Formal Hearings may be made by mail, in person, or by phone.
Page Last Modified: January 4, 2008 at 12:55 pm