What is a contested hearing?
If you believe you did not commit the violation then you should select box 3 and have a contested hearing. Unless you request the citing officer to be subpoenaed, the procedure at the hearing will be as follows: the Judge considers the sworn statement filed by the citing officer, then you may testify, present evidence or witnesses. If you want to have the citing officer or any technician present, please advise the Clerk at the time you request a contested hearing or as soon thereafter as possible so the hearing can be appropriately scheduled.

If the Judge finds the infraction was committed, the full amount of the penalty will be imposed. If it is found not committed, the infraction will be dismissed. In the event you have subpoenaed witnesses, you may also be required to pay court costs. A contested hearing is a civil case and the Judge will decide the case by a preponderance of the evidence, that is, is it more likely than not that the infraction was committed. You may not request to have your finding deferred or mitigated after a contested hearing has been held and the Court has found the infraction was committed.

Show All Answers

1. What is an infraction?
2. What must I do if I receive an infraction?
3. What is a mitigation hearing?
4. Who qualifies for a deferred finding?
5. What is a contested hearing?
6. What should I wear and how should I act in court?
7. May I have a lawyer at my contested hearing?
8. What happens if I can't appear on the court date?
9. Will a traffic infraction appear on my driving record?
10. What if I do not respond to my ticket (fail to pay or appear for a hearing)?
11. What about a 'No Liability Insurance' ticket?
12. Is there a right to appeal?
13. What if I can't pay my penalty all at once?