Advise of Rights
Advise of Rights for Traffic Violations
Violation – Your Rights
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 10 (ten) 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.)
- You have the right to remain silent about the facts and circumstances of your case. Anything you say can be used against you.
- You have the right to the assistance of an attorney at all stages of the proceedings including deciding how to plead to the charge(s). You must pay for your own attorney or you can represent yourself.
- You have the right to a speedy and public trial by a judge. There is no right to a jury trial for violations.
- You have the right to confront and to question under oath (cross-examine) each and every witness called against you.
- You have the right to compel witnesses to come to court by subpoenas issued by the court clerk or by your attorney.
- You have the right to review and to obtain copies of the records written in your case.
- You have the right to appeal to the Court of Appeals if you are found in violation by the court.
- 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.
- 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 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.