There is a third category of criminal offenses called petty offenses. Most of the crimes that fall into this category are traffic related, such as speeding, and are handled by the traffic court.

Traffic offenses, although not normally thought of as such, really are criminal offenses because they involve a potential criminal penalty. That criminal penalty may consist simply of a monetary fine or there may be actual arrest and imprisonment for more serious traffic offenses.

In most jurisdictions traffic offenses are handled in a very perfunctory fashion with a single judge perhaps hundreds of cases in the course of a few hours. In most instances, these cases are presented by a police officer who simply stands before the judge and tells the judge what he or she saw or determined based upon his or her investigation. If there are witnesses involved, then those witnesses may be called to briefly explain what happened. The defendant is then given an opportunity to explain what happened. The defendant is then given an opportunity to explain what happened if he or she wishes. The defendant, however, has no obligation to testify since his or her fifth amendment right against self-incrimination would apply in this proceeding.

If you have ever been to traffic court, you probably recall seeing a multitude of police officers in the court room. Those police officers are there to testify in cases in which they have issued tickets or made arrests. If, for some reason, the officer issuing the ticket does not show up for the traffic court date, then the case may be dismissed for lack of prosecution by the government. Likewise, if there was a witness to the traffic offense and the witness is the only one who can establish the government’s case, the case may be dismissed if that witness does not show up for the traffic hearing. You may recall that the burden rests with the government to prove its case in a criminal prosecution. That burden applies in a traffic case. The government must present independent evidence either from a police officer or a witness to establish what happened. If the government cannot do that, then the government cannot meet its burden of proof and therefore the charge against you will be dismissed without you ever having testified.

In some jurisdictions, traffic court cases are handled administratively and are presided over by an administrative hearing officer. An administrative hearing officer is a type of quasi-judge who has some of the authority of a judge but does not necessarily have that title nor wear a robe in the hearing room.

For FREE Consultation Call Toll Free: (888) 446-4333

Allaye Chan Law
A Professional Corporation
1000 G Street, Suite 220
Sacramento, CA 95814

SACRAMENTO: (916) 446-4400
PLACER: (916) 783-9696
YOLO: (530) 666-6464
EL DORADO: (916) 446-4400
STOCKTON: (209) 952-9500
SOLANO: (707) 429-4242
TRUCKEE: (530) 587-3400
LAS VEGAS: (702) 385-7100