Traffic ticket convictions can have a greater impact than you might think. Too many convictions can lead to a loss of your driving privileges. What’s more, convictions can cause increases in your auto insurance rates. What follows is some basic information about traffic ticket hearings.
Civil Infractions vs Criminal Offenses
Most traffic tickets are classified as civil infractions. They are not considered criminal violations. For example, a speeding ticket is a civil infraction, while a drunk driving ticket is a criminal matter. If you are cited for a civil infraction, you are entitled to a hearing in the District Court to contest it. You do not have the right to a jury trial. Instead, you have a right to a hearing in front of a judge or magistrate.
Informal Hearings
For civil infractions, there are two different kinds of hearings available. One type of hearing is referred to as an informal hearing. This entitles you to a hearing in front of a magistrate or judge. Attorneys and prosecutors do not handle informal hearings. A judge or magistrate will render a decision. If the decision is adverse, you have the right to an appeal.
Formal Hearings
The second type of hearing available is referred to as a formal hearing. A formal hearing is held in front of a Judge. At a formal hearing, prosecutors and attorneys may appear. The prosecutor will represent the interests of the city which issued the ticket. An attorney may represent the defendant. Basically, a formal hearing is very similar to a trial. The prosecutor will usually call the police officer to testify and any witnesses in order to try to establish that you are responsible for the ticket. When the prosecution is finished, it is the defendant’s turn to proceed. The defendant will then have the opportunity to testify and call any witnesses. Following the testimony, both the prosecutor and the defendant may make closing arguments. The judge will issue his or her decision as to whether or not you are responsible. If you are found responsible, you may appeal the matter.