An Informal Hearing
consists of the Magistrate, the defendant, and the police
officer who issued the ticket. Attorneys are not allowed
to participate in an informal hearing. On the date of the
hearing, the defendant may elect to admit responsibility, or
admit responsibility with an explanation, or go forward with
the informal hearing.If an
informal hearing is requested, all parties are placed under
oath and testimony is taken by the Magistrate. The burden
of proving the defendant responsible is the police officer who
is also called the Plaintiff. The Plaintiff must prove by
a preponderance of the evidence, or that it is more likely than
not, that the defendant is responsible for the alleged traffic
violation. The defendant is also entitled to testify,
including having witnesses testify on his behalf. At the
conclusion of the hearing, the Magistrate will make a
determination of responsible or not responsible. If
either party is not satisfied with the outcome, the case may be
appealed within seven days of the hearing to a Formal Hearing
before a District Judge. If the decision is appealed by
the Defendant, a bond must be posted in the amount of the fine.
A Formal Hearing is in front of a
District Court Judge. The defendant may be represented by
an attorney, and the prosecuting official will represent the
Plaintiff's case.