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Understanding Testimony, Evidence, and Court Procedures in Your Traffic Ticket Trial

Testimony

  • The officer who gave you the ticket, and possibly other witnesses, will testify. 
  • After they speak, you can ask the officer and/or other witnesses questions about their testimony. 
  • You can then tell the Judge your version of events. 
  • All testimony must be given under oath or affirmation to be considered. 
  • You can also present evidence on you behalf, including photos, diagrams, written documents, and the testimony of other witnesses. 

Evidence 

  • The Prosecutor or City Attorney has the burden of proving that you committed the offense(s) with which you are charged by a preponderance of the evidence.  
  • You do not have to be proven guilty beyond a reasonable doubt. Enough evidence has to be presented for the Judge to find that it is more likely than not that you committed the offense(s) with which you are charged. 
  • If you wish to present evidence in digital form, whether a photograph, video, map, diagram, or document, ensure the data is stored on a CD, DVD, or flash drive. that can be marked as an Exhibit and will become the property of the Court Reporter.  
  • The court will not consider any digital media on a cell phone or other personal electronic device that is not retained by, and becomes the property of the Court Reporter. 

Continuance

  • Continuance Requests: Must be made at least 48 hours before the trial, except in emergencies.
  • One-Time Allowance: The court typically grants one continuance for the person charged.
  • Denial of Continuance: Requests solely for extending the payment deadline of the ticket will be denied.

Judgment

  • Non-Appearance Consequences: Failure to appear for your trial can lead to a default judgment against you.
  • Certification of Judgment: The court will certify the judgment upon your absence.
  • Notification to Bureau of Motor Vehicles: A failure to appear will be reported to the Bureau of Motor Vehicles.
  • Suspension of Driving Privileges: Your driving privileges may be suspended as a result of not appearing for the trial.