Rule 6.450 Order of Hearing
Part IV: Traffic Infractions
Rule Text
(a) When Traffic Infraction Admitted. If a defendant admits that the traffic infraction was committed, the official must permit the defendant to offer a statement concerning the commission of the infraction. The official may examine the defendant and issuing officer concerning the infraction prior to making a determination as to the civil penalty to be imposed.
(b) Description of Procedure. Before the commencement of a hearing the official must briefly describe and explain the purposes and procedure of the hearing and the rights of the defendant.
(c) Defense. The defendant may offer sworn testimony and evidence and, after such testimony is offered, must answer any questions asked by the official.
(d) Additional Witnesses. If the testimony of additional witnesses is to be offered, the order in which the witnesses must testify must be determined by the official conducting the hearing. Any such witness must be sworn and must testify, and may then be questioned by the official, and thereafter may be questioned by the defendant or counsel.
(e) Further Examination. At any time prior to closing statements commencing, the official may further examine or allow such examination as the official deems appropriate.
(f) Closing Statement. At the conclusion of all testimony and examination, the defendant or counsel must be permitted to make a statement in the nature of a closing argument. Once any closing statement has begun, no further testimony or evidence may be entered into the record.
(g) Failure to Appear at Contested Hearing. In any case in which a contested infraction hearing is held, and the defendant, who either has asked for the contested hearing or otherwise received proper notice of the hearing, fails to appear for the hearing, the official can proceed with the hearing, take testimony, and, if it is determined that the infraction was committed, impose a penalty as if the defendant had attended the hearing. In the interests of justice, the court may vacate the judgment upon a showing of good cause by the defendant.