Michael Kielsky’s Answers

Arizona Rules of Civil Traffic Procedure, Rule 2(j), specifically says that: "(j) Unless the context otherwise requires, the requirements of these rules may be performed by an attorney who has filed a proper notice of appearance." In other words, in Arizona in all courts, an attorney can appear without their client in a civil traffic case -- and I regularly do. -- Michael Kielsky Counselor & Attorney at Law Kielsky Rike PLLC Tel.: +1.480.626.5415 FAX: +1.480.626.5543 4635 S....

As a rule of thumb, I typically tell my non-Arizona clients that they can ignore the mailed ticket -- the court does not have jurisdiction to enter a judgment until the ticket has been served. For out-of-state defendants, that does not happen much (though it can). If one is served, that adds about $35 or so to the total fine, if there is a finding of responsible. Keep in mind that each court and prosecutor's office do things a bit differently, and that mistakes may happen, so check up on...

Here are the realistic options/possibilities: 1. Conviction of this Class 3 misdemeanor, fine of $300-500 2. Conviction of a civil speeding ticket, fine of $300-500 3. Dismissal of the case upon your successful completion of a Defensive Driving program (online) Unless you have a long and serious criminal history, or many, many traffic tickets, you will not get jail. #1 is the worst-case scenario, and you can improve upon that. An attorney should be able to help improve upon that -- I...

1. You may be able to get diversion, pay for and successfully complete a class, and the case would be dismissed. Alternatively, if a charge is brought against you through the juvenile courts, a conviction as a minor should not be an issue after you turn 18. 2. There would not be a fine, but the cost of the class varies. You may also receive a demand letter from the store (or their attorneys) to pay restitution of around $100, which they claim as a loss for having to have spent time on...

1. Let your immigration attorney know right away, as your immigration attorney will best know the immigration consequences of a criminal conviction for driving without a license and criminal speed, both misdemeanors. 2. Do what you can to have the charges amended (by plea agreement) to non-criminal charges. Hiring an experienced traffic ticket attorney would improve your chances of a successful outcome. Every court here now has large posters warning of possible immigration consequences of...

The court date on your Arizona Traffic Ticket and Complaint is your arraignment date, and it is there only to make sure that you show up. If you do not show, a warrant will issue. If you do show up, you will most likely be advised of your rights, the court will determine if your charge is appointed attorney (public defender) eligible, and you will be permitted to enter a "not guilty" plea. Your charge is appointed attorney eligible if the prosecution is asking for any jail time, and you...

It sounds like the criminal speeding charge was transferred to the juvenile division of the Superior Court, as it is a criminal charge, and you are under 18. An experienced attorney could negotiate with the prosecutor to reduce the criminal speeding charge to a civil speeding charge, and possibly negotiate on the remaining charges as well. Putting forward a strong front can be a benefit, in situations like this. -- Michael Kielsky Counselor & Attorney at Law Kielsky Rike PLLC Tel.: +1....

There will be two types of notices you could have received. The first is a notice of violation, which is basically a mailed ticket, and it would name you as the driver. The second is a notice that states that a violation is alleged, but they are uncertain of the identity of the driver, and a request to identify the driver. You have no legal obligation to respond to either type of notice, and certainly no duty to identify the driver. If you got the second type of notice, basically...

Don't tell your wife that she is wrong -- tell her that an attorney said she is wrong. By just "paying the fine" you are pleading guilty to a criminal charge. Maybe that's not a big deal if you already have several other criminal convictions (this type is the lowest level misdemeanor), but for most people who do not have any criminal record, they would like to keep it that way. 87 in a 65 on the 101 in Chandler can be charged as a criminal speeding ticket, but should be changed by plea...

In Arizona, until you are properly served, the court cannot legally do anything, and ultimately the case would be dismissed. If you ignore the mailed notice, you can expect to get served. It does not always happen, and if you are never served, the ticket would be dismissed. The real tricky part of this is that, if you are not properly served, but the court is told you were, or the court makes a mistake somehow, then a default could be entered against you, your license could be suspended,...