Informal Hearing

In instances involving traffic tickets or other fines, it may not be necessary to have a formal hearing in court. Informal hearings involve civil infractions, usually those in which a ticket or fine is the principal point, that are contested before a magistrate. The hearing is informal, and attorneys are not permitted in the hearings.

An informal hearing consists of the officer and individual ticketed testifying under oath. During an informal hearing, witnesses may testify on both sides of the case, and the defendant may question witnesses and the police officer. If the informal hearing results in an unfavorable decision, the defendant may appeal the decision of the informal hearing by demanding a formal hearing and posting an appeal bond at least equal to the fines and costs of the charge.

Guidelines for informal hearings may differ between districts, but basic options are usually in place. There are typically three options when you proceed with an informal hearing. First, you can admit responsibility without explanation by telling the magistrate you just want to pay the ticket. Rather than hearing your explanation or testimony, the magistrate will assess your fine and court costs and send you to the cashier for payment.

Another option is to admit responsibility with explanation, which entails you telling the magistrate that you are responsible for the violation, but that there is an explanation of circumstances that caused the violation to occur. Upon hearing your explanation, the magistrate may choose to lower or suspend your fines, but cannot waive or reduce any points associated with your ticket.

The third option in an informal hearing is to deny responsibility. This involves the magistrate conducting an informal hearing by taking sworn testimony from you and the officer who issued the violation. After hearing the testimony, the magistrate will determine if you are responsible for the violation that was committed.

Responsibility for a civil infraction is established by a preponderance of the evidence, not beyond a reasonable doubt as in a criminal trial. The officer only needs to show by a 51% to 49% majority of the evidence that the violation was committed.

If you plead not responsible and are not satisfied with the judgment, your informal hearing may be appealed. An appeal is a matter of right and you may appeal the judgment to a formal hearing, which will be held before one of the judges and you can have an attorney present. Appeals usually have to be made within seven days, and a cash bond must be paid at the time of your appeal equal to that of your fines.

Informal hearings are a simple way to resolve a minor infraction. Although an attorney is not present during an informal hearing, consulting with one prior to the informal hearing commencement can help prepare you and help you get the outcome you desire.

If you would like to speak to a qualified and experienced attorney in your area, please contact us.