Civil Traffic

Civil Traffic Cases

When you receive a citation that only contains civil traffic offenses, you are afforded different options to resolve the charges. From the date you receive your violation, it can take up to 3-5 working days for the citation to be entered into our system. After it is in the system, you can choose one of the options below or you may appear on or before the date and time shown on your civil traffic complaint to resolve your case.

IF YOU ARE UNDER 18 YEARS OF AGE, your parent or guardian must accompany you to court (A.R.S. §8-323). If you fail to appear as directed in the complaint, the Court will direct the Motor Vehicle Division to suspend your driver’s license or driving privilege.

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

OPTION #1: PLEA OF RESPONSIBLE (GUILTY)

• This plea means that you agree you committed the violation stated on the complaint. (The word "Responsible" is used with civil violations while the word "Guilty" is used with criminal violations.) If you received a complaint with more than one violation, you will need to enter a plea for each violation. You are not required to enter the same plea for all violations.

• When you plea responsible in civil matters charged against you, all fines and fees are expected to be paid in full. You can refer to the Bond Card (PDF) for details on what the sanction amount will be or contact the court at 480-816-5103.

• If you are financially unable to meet your court ordered obligation, you may be placed on a payment contract. You can apply for the payment contract by completing an application and sending it back to the court for determination. There may be additional fees added to the total amount owed on the payment contract.

• If you have been cited for a violation of Arizona Revised Statutes (ARS) 28-645A3A, 28-647(1), 28-694A, or are under age 18 and plea responsible for a (first offense) moving violation, you will be required to attend a Traffic Survival School (TSS) by the Motor Vehicle Division (MVD).

OPTION #2: ATTEND DEFENSIVE DRIVING SCHOOL (DDS)

• By attending DDS, you will receive a dismissal for one "moving" violation. However, not all violations are eligible for this program. See https://www.azcourts.gov/drive/Eligible-Violations for all eligible violations. You are not eligible if you have attended a Defensive Driving Program in Arizona within the last 12 months. If you have been cited for more than one violation on your complaint, only one can be dismissed by attending the Defensive Driving Program.

• If you attend DDS or request an extension to attend DDS, you waive your right to a hearing on that violation.

• To enroll in DDS, go to https://www.azcourts.gov/drive/Defensive-Driving-Schools

• For more information, please see the Defensive Driving tab to the left.

OPTION #3: PLEA OF NOT RESPONSIBLE (NOT GUILTY)-REQUEST A HEARING

This plea means that you are denying that you committed the violation. If you received a complaint with more than one violation, you will need to enter a plea for each violation. You are not required to enter the same plea for all violations.

You may request a hearing on or before your arraignment date in person, by mail, fax, or email. It is the defendant’s responsibility to follow up with the Court to ensure that the correspondence was received by the Court and that all charges have been resolved on or before the arraignment date.

If you request a hearing, it will be scheduled approximately four weeks from the date your request was received. The date of the hearing will be based on the Court calendar and Deputy’s schedule.

• You may be represented by an attorney, or you may present yourself at your hearing. If you decide to have an attorney represent you, he/she must notify the Court in writing at least 10 days prior to your hearing. You cannot be represented by someone who is not an attorney.

• If you fail to appear on your assigned Court date, or fail to comply with the Judge's sentencing requirements, a default judgment of responsible will be imposed. For civil traffic violations, the Court will notify the Motor Vehicle Division (MVD) that you are in default. MVD may place a hold on the renewal of your vehicle registration, and you will be required to pay the fine and additional fees to satisfy the judgment. In addition, for all civil violations for which a default judgment has been imposed, the Court will notify a collection agency of any outstanding and delinquent balances, notify the Arizona Department of Revenue to attach your tax refunds, and take any other legally appropriate collection action against you, your income, or your property. If the Court refers your account to a collection agency or the Arizona Department of Revenue, additional collection fees will be added to your account balance.

• If you have been cited for a violation of Arizona Revised Statutes (ARS) 28-645A3A, 28-647(1), 28-694A, or are under age 18 and found responsible for a (first offense) moving violation, you will be required to attend a Traffic Survival School (TSS) by the Motor Vehicle Division (MVD).

• See the Civil Traffic Hearing Information Sheet for more information

PROCESS TO REDUCE OR SUSPEND FINES

For some civil traffic charges, the charge may be dismissed, or the fines may be reduced or suspended when proof is filed and accepted by the Court. See the categories below for more information. You will need to send the proof to the Court via mail, fax or as an email attachment, or you can bring the proof in person.

Please include your case or complaint number and a current address with your correspondence. When submitting proof, please send a copy and not your original. The Court does not mail back the proof after it is received.

Once the Court receives the proof, it may take 1-3 working days for the Court to process and email a decision back to you.

Registration Violations:

If valid, current vehicle registration for the vehicle listed on the citation is shown by the court date, the fine amount for:

28-2322 and 28-2533A will be reduced to $180.00.

28-2532A will be dismissed.

28-2158C fine may be waived.

28-4139A may be dismissed with proof of a Mandatory Clearance Suspension Letter from the MVD or reduced to $290.00 with proof of registration.

Insurance Violations:

28-4135C will be dismissed with proof of insurance showing that the vehicle was insured on the date and time of the violation.

If the vehicle was not insured at the time / date of the violation:

28-4135A & C may be reduced with proof of a current 6-month policy of insurance in the defendant’s name and a 39-month Motor Vehicle Record from the MVD.

Driver’s License Violations:

28-3156B & 28-3169A will be dismissed with proof that the driver’s license was valid on the date and time of the violation.

28-3482A fine may be waived with proof of driver’s license.

Fix It Violations:

28-448A fine may be waived with proof that the address change has been filed with the MVD.

28-907A fine may be waived with proof of installation of child restraint.

28-2354A1 to 28-2354B3 fine may be waived with proof of repair / correction.

Proofs must be submitted to the court via email, fax, mail, or in person during regular business hours no later than the court date listed on the citation.

All reductions may not be listed. The defendant may contact the court for any available options during regular business hours.

Your Right To Appeal

You have the right to appeal a final decision of this Court by filing a Notice of Appeal within fourteen (14) calendar days of the judgment of responsible. You are not required to pay the fine or post the bond to exercise your right to appeal. However, if you choose not to pay the fine or post the bond on the day the final judgment is entered or make arrangements to pay with the Court, the Court will enter a default judgment against you and additional fees will be assessed. If you are successful on appeal, your case will be returned to this Court for further action.

An appeal is a legal process in which a higher court (Maricopa County Superior Court) reviews the decision of a lower court (Fountain Hills Municipal Court) based on the audio record of your hearing. An appeal is not a retrial of your case and you cannot present new evidence or testimony. You are responsible for all appeal charges/fees.