Guilty: Guilty means that you admit to having done what you are charged with. It is likely that you will be sentenced immediately. The judge may take into consideration your prior driving record and any explanation you wish to give. Any determination of fines and assessments will be made by the judge at that time.
No Contest: By pleading no contest you do not admit guilt and therefore no one can use that plea against you in any subsequent trial or hearing whether it is criminal or civil in nature. In a no contest plea you admit that the allegations contained in the complaint or citation are true, but only for the purpose of this hearing. If the judge accepts your plea of no contest and there are sufficient allegations contained in the citation, you will be found guilty. The judge may take into consideration your prior driving record, the officer’s written report, and any explanation you wish to give. Any determination of fines and assessments will be made by the judge at that time.
Not Guilty: Not guilty means you deny having done one or more of the elements contained in the offense or that you have a justifiable excuse for doing what you have done. If you plead not guilty the matter will be set for trial at some date in the future. You may enter a not guilty plea in writing by appearing at the Court prior to your court date and submitting a written notice to the court clerk.
You have been cited for a violation not a crime. Your rights are similar, but not identical, to those in a criminal case.
Your case will be tried by the Court not a jury. Since this is not a crime, you do not have right to jury trial. You may be represented by an attorney, but you will have to pay the expense. The City will not provide an attorney. If you have an attorney, the City Attorney will present the City’s case. You must inform the City at least 15 days prior to trial if you will be represented by an attorney. If you do not have an attorney, the police officer will present the City’s case and you will present your case. (Many persons choose to represent themselves.)
If your case involved an accident, there may be written police reports which you may obtain at the Police Department ten days prior to the trial. There is a fee for photocopying. In the majority of traffic cases there are no written reports available.
If you are found guilty, you have the right to appeal to Washington County Circuit Court for a new trial. A proper Notice of Appeal must be filed within 30 days of your conviction. The Circuit Court charges a $237 filing fee for an appeal.
See the judge: If you desire to see the judge you will need to appear during an open court time. At the bottom of the citation is the assigned arraignment date. If you cannot appear on the date stated on the citation, you have only a seven-day grace period. Please check in at the court clerk’s window before entering the courtroom.
Talk to a court clerk: If you chose not to appear before the judge you may ask the court clerk for a reduction in the fine amount. Court clerks are authorized to use the Violations Bureau Order signed by the judges to reduce fine amounts. Clerks can review your driving record and reduce the fine based on a schedule set by the judges. Clerks cannot consider your explanation. Clerks are available during the hours of operation.
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