Legal Question in Traffic Law in Arizona

I received a speeding ticket in Flagstaff AZ on 6/2/11. The ticket had a court date of 6/3/11 (the next day). I appeared at the court but the judge refused to see me. They said the police had not filed a case yet. I asked them to dismiss the ticket but the judge gave me a piece of paper saying that I had appeared and that I should contact the court every week until 8/2 to see if a case has been filed yet.

Do I have to do this or is it their responsibility to notify me since I went to court when summoned?


Asked on 6/03/11, 9:51 am

1 Answer from Attorneys
Craig Orent Orent Law Offices, PLC

Strange circumstances (that the ticket required you to appear the very next day, and that the judge ordered you to continually call the court); technically, in my opinion, the answer to your question is "no." The Court is required to notifiy you in writing of the new hearing date if the hearing is continued (see AZ ST CIV TRAF Rule 15(c): "The court shall notify the parties and witnesses in writing of the new hearing date."). The problem is however that if you don't call the court and you miss the new court date, you may default and have your license suspended, even though all would have been improper. You would later be able to challenge those sanctions, but the practical and personal question for you is whether you want to take that risk. Feel free to call me to discuss further if you would like.

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Answered on 6/04/11, 4:22 pm


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