Arizona Court Records
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What are Arizona Traffic Court Records?
Arizona traffic court records are documents and case files generated in the course of judicial proceedings heard in Arizona traffic courts. They include records related to criminal and civil traffic offenses and moving and non-moving violations under the Arizona Motor Vehicle Code.
Are Arizona Traffic Court Records Public Records?
Yes. Arizona traffic court records are public records accessible to the public. The disclosure provisions are only applicable if a judge or the law has purposely restricted access to a specific record.
Arizona Traffic Ticket Lookup
Traffic citations issued in Arizona are processed through the justice court indicated on the citation. The Arizona Department of Public Safety and local law enforcement agencies typically forward cases to the appropriate court responsible for handling fines, deadlines, and required appearances. It is worth noting that Arizona currently does not maintain a centralized online database where the general public can conduct a traffic ticket search. Consequently, inquiries regarding a specific citation must be directed to the court listed on the ticket. In many instances, traffic violations will also appear on a driver's official motor vehicle record.
Getting a Traffic Ticket in Arizona
An Arizona Traffic Ticket and Complaint citation is a ticket issued for Arizona traffic violations and infractions. It is a computer-generated long-form issued by law enforcement officers when an offender is deemed to have violated traffic laws, statutes, or ordinances. It represents the officer's sworn statement regarding his observation of the incident. The officer typically completes the form at the scene of the incident. It features the bio-data of the offender, including full name, date of birth, social security number, physical & mailing addresses (if different), and details of the license and vehicle involved. It will include information about the statute section violated and a description of the charges being levied against the offender. It will indicate the court in which you will appear to respond to the citation. You may be expected to sign the ticket as an acceptance of the charges against you before receiving your copy, but no admission of guilt.
In Arizona, traffic violations can be designated as civil or criminal offenses, and each violation noted on the ticket is marked as such. Civil violations are minor traffic infractions, and resolution is usually restricted to fines and penalty points on the offender's driving record. Criminal violations are more serious moving violations, considered misdemeanors or felonies. In certain extreme cases, such as felony overspeeding in Arizona, the offense may be prosecuted under severe criminal statutes due to the danger posed to public safety. Convictions for criminal traffic violations are treated as criminal convictions in the eyes of the law.
Whether civil or criminal, traffic tickets in Arizona are associated with fines and can include added penalties and court fees. A driving record points system is operated; as such, penalty points on your record are a possibility, especially with a conviction, which can lead to a license suspension or possible revocation by the Arizona Motor Vehicle Services (MVS). Local statutes set fines for civil offenses and can be found on the website of the court, but are usually determined by the judge for criminal offenses. The ticket will also include information about contesting the charge (civil or criminal).
Traffic violations are also differentiated as Moving and Non-Moving Violations. Non-moving violations are infractions that occur while the vehicle is not in motion, such as faulty vehicle equipment, while moving violations include all infractions and crimes committed while the vehicle is moving.
What to Do When You Get a Traffic Ticket in Arizona?
Upon receipt of a traffic ticket in Arizona, the ideal course of action may depend on whether the citation is for a criminal or civil offense. When cited for a civil traffic violation, motorists may opt to do any of the following:
- Accept responsibility and pay the traffic ticket.
- Deny responsibility and contest charges.
- Attend a Defensive Driving Course.
For motorists who choose to respond 'Responsible' and pay the fine, this may be considered a guilty plea and giving up their right to contest the charges. They may have to pay the stipulated fines, and penalty points may be added to their driving record based on the nature of their citation. You can pay your fines on the designated court's website or by mail. You can obtain the acceptable amounts from the designated court website and a form to mail your payment. You can also appear on the court date noted on the ticket and pay at the court clerk's office. You will require your driver's license, citation number, and name as it appears on the citation to complete the process with all options. Civil fines are due in full by the scheduled court appearance date.
Contesting a Traffic Ticket in Arizona
When the alleged offender chooses to respond 'Not Responsible' and contests the charges, they will need to appear on the scheduled court date to enter their plea and request a hearing, or they may be able to download a form from the court website, which they can fill out and follow the instructions to mail in. The court will schedule your case for a hearing later, and the citing officer will tell the judge the reason for the citation. Charges against those deemed not responsible are dismissed. Those deemed accountable may be prescribed fines and penalties and added points to their driving record.
Failure to appear on your hearing date will result in a default judgment being given against you.
Offenders may request to enroll in a Defensive Driving Course, and upon completing the course and sending in proof of completion to the court, they may have the citation dismissed. They will be required to be eligible for a Defensive Driving course, complete it, and send proof of completion before their scheduled court date. To qualify for the course:
- You must not have attended a defensive driving school in the last 12 months (based on violation date)
- Your complaint does not involve an accident that resulted in any person's serious injury or death.
- You do not possess a Commercial Driver's License (CDL).
If you are under 18, you may appear in court with a parent or guardian on or before the date and time listed on your complaint. Suppose you are cited for a criminal traffic violation. In that case, you may appear at the Justice Court listed on your ticket on the date and time specified, or risk having a warrant issued for your arrest and having your license suspended.
- Plead Guilty
- Plead No Contest
- Plead Not Guilty
A guilty plea is an acceptance of responsibility for the violation and all associated penalties, including fines, points on your driving record, suspension or restriction of your driving privileges, jail time (for some violations), community service, or Court-ordered education classes.
Under the No Contest plea, you are neither admitting nor denying the charges against you and are telling the court that you do not intend to contest the charges. The penalty may be the same as a guilty plea. The judge may consider an explanation before imposing a fine or penalty.
A Not-guilty plea indicates a decision to exercise your rights to contest the charges. You appear on the court date, enter your plea, and a trial date will be scheduled. It is advisable to have professional representation. All charges will be dismissed if you are not guilty at your trial. If you are found guilty, you will be liable for penalties and fines imposed, and points will be added to your driving record.
Arizona Driving Record Check
The Arizona Department of Transportation Motor Vehicle Division (MVD) provides access to driving records, also referred to as motor vehicle records (MVRs). These records may be obtained through the AZ MVD Now online system, which requires creating an account using a valid Arizona driver's license or identification number. Uncertified records covering the prior 39 months are available for $3, while certified versions, which may span 5 or 10 years depending on the request, carry a higher fee. Records may also be obtained in person at any MVD office or through authorized third-party providers by completing the Motor Vehicle Record Request (Form 46-4416) and paying the applicable fee.
Obtaining Another Person's Driving Record
Arizona law strictly limits access to another individual's driving history. In compliance with the federal Driver's Privacy Protection Act and state regulations, records may only be released if the requester qualifies under a legally recognized permissible use. Examples include use by government agencies in the performance of official functions, attorneys involved in litigation, insurance carriers conducting underwriting or claims investigations, or employers verifying the driving history of commercial driver's license holders. A private individual may not access another person's record without the driver's express written consent, and such consent must be notarized and submitted with the official request form. Unauthorized release or misuse of another person's record is prohibited by law.
Free DMV Driving Records in Arizona
The Arizona Motor Vehicle Division does not provide free driving records. All requests are subject to a fee, with uncertified records available for $3 and certified records available for $5 or more, depending on the type of request. While state records are not free of charge, an individual may obtain information from the National Driver Register (NDR) at no cost. The NDR is a federal database containing information on drivers whose licenses have been suspended, revoked, canceled, or revoked for serious traffic violations in any state. A request for an NDR file must be submitted in writing and notarized under the Privacy Act; however, the information provided is limited and does not include the detailed history available through the Arizona MVD.
How Do I Find Arizona Traffic Court Records?
Traffic court records in Arizona may be found on the county court's website or third-party websites such as ArizonaCourtRecords.us. Members of the public may request physical access at the office of the court's clerk, who is charged with custody of all such records. A physical visit must be made, and the request should be filed in person. If granted, you will be able to view the records; a fee may be required.
Publicly available records may also be accessible from some third-party websites. These websites are convenient for conducting single or multi-record searches from one database. To find a record using the search engines on these sites, interested parties are general required to provide:
- The name of someone involved, provided it is not a juvenile
- The assumed location of the record in question, such as a city, county, or state name
Third-party sites are not government-sponsored websites; record availability may differ from official channels.
What Information is Required to Obtain Arizona Traffic Court Records?
Persons interested in obtaining traffic court records are required to provide pertinent details about the required records, including the person's full name, social security number, and date of birth, so that the records can be located. If necessary, the requesting party can make payments to enable the processing and delivery of the records. The person receiving the records should present a valid ID for verification beforehand.
Are all Traffic Violations Handled the Same Way in Arizona?
Civil traffic violations are handled differently from criminal traffic violations. Still, despite the offense in the citation, most civil traffic violations are dealt with the same way, and all criminal traffic violations are handled the same way.
Can Arizona Traffic Records Be Sealed or Expunged?
There is no expungement law in Arizona, but it is possible to have misdemeanors and felony convictions "set aside". This does not remove the charge or conviction from your record, but it will inform all who enquire that a court has vacated your conviction and the charges were dismissed. To be eligible to set your convictions aside, you should not have been involved in an offense involving a deadly weapon or resulting in serious physical injury. You should not have committed the violation on a suspended license.
If you were wrongfully arrested or charged and acquitted, you can petition the courts to enter on your record that you have been cleared of all charges. Based on a judge's instructions, your arrest record will not be given to anyone.
How Does One End Up in An Arizona State Traffic Court?
The receipt of a traffic citation in Arizona may result in a visit to a traffic court if the offense is indicated to be a criminal offense. Typically, recipients will need to show up in court to respond to the charges. This occurs when the offense is deemed a misdemeanor or a felony.
You can also end up in traffic court if the officer indicates the charges are civil offenses, but you wish to plead Not Responsible for the charges and contest the ticket.
Which Courts in Arizona Have Jurisdiction to Hear Traffic Violation Matters?
In Arizona, civil and criminal traffic case hearings are assigned to the justice courts of the precincts where the offense was alleged to have occurred, and they are presided over by the Justice of the Peace. The municipal district court of the location of the incident can also hear criminal traffic cases deemed misdemeanors or felonies.
How to Prepare for Traffic Court in Arizona
To prepare for traffic court in Arizona, begin by familiarizing yourself with the traffic laws relevant to your citation. Research the potential penalties associated with your violation and any possible defenses you might have. Consider seeking legal advice from a traffic attorney who understands the Arizona legal system.
