Traffic Violation Rights For Civil and Criminal Defendants

Civil Traffic Defendants 
 
The state has the burden of proof. They must prove, beyond a preponderance of the evidence, that you violated the statute(s) in question. You also have the following rights:
The right to have a civil-traffic hearing before a Judge or Civil Traffic Hearing Officer.
The right to have an attorney represent you. If you want to be represented by an attorney you must file written notice with the court at least ten (10) days prior to the hearing date. You will waive this right if you fail to file by the time allotted. The court does not appoint attorneys for civil traffic violations.
The right to confront witnesses against you and cross-examine them as to the truthfulness of their testimony.
The right to present evidence on your behalf. You also have the right to have subpoenas issued by the court at no cost to you to compel the attendance of witnesses. (You may obtain subpoena forms from the court. You must fill out the subpoena form and return it to the court at least ten (10) days prior to the hearing so that it can be served upon the witness.)
 
Criminal Traffic Defendants 
 
As a criminal traffic defendant, you have all the rights outlined above. However, you may be eligible for a court-appointed attorney if jail time is a potential penalty for your alleged offense. You must indicate your desire to have an attorney appointed for you when you enter your plea before the judge. If you wish to have an attorney appointed on your behalf, you will have to show proof that you are indigent and unable to afford attorney fees.