Arizona Laws 28-1559. Traffic case records; abstract of record; reports
A. Each magistrate, judge or hearing officer of a court shall:
Terms Used In Arizona Laws 28-1559
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- Conviction: means :
(a) An unvacated adjudication of guilt or a determination that a person violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal. See Arizona Laws 28-101
- Department: means the department of transportation acting directly or through its duly authorized officers and agents. See Arizona Laws 28-101
- Driver: means a person who drives or is in actual physical control of a vehicle. See Arizona Laws 28-101
- Driver license: means a license that is issued by a state to an individual and that authorizes the individual to drive a motor vehicle. See Arizona Laws 28-101
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- License: means any license, temporary instruction permit or temporary license issued under the laws of this state or any other state pertaining to the licensing of persons to operate motor vehicles. See Arizona Laws 28-1501
- Magistrate: means an officer having power to issue a warrant for the arrest of a person charged with a public offense and includes the chief justice and justices of the supreme court, judges of the superior court, judges of the court of appeals, justices of the peace and judges of a municipal court. See Arizona Laws 1-215
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Traffic: means pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together while using a highway for purposes of travel. See Arizona Laws 28-1501
1. Keep or cause to be kept a record of each traffic complaint or other legal form of traffic charge deposited with or presented to the court or its traffic violations bureau.
2. Keep a record of each official action by the court or its traffic violations bureau in reference to each traffic complaint or other legal form of traffic charge deposited with or presented to the court or its traffic violations bureau, including but not limited to a record of:
(a) Each conviction, forfeiture of bail or deposit, judgment of acquittal or civil adjudication.
(b) The amount of the civil penalty, fine or forfeiture resulting from each traffic complaint deposited with or presented to the court or traffic violations bureau.
B. Within ten days after the conviction, judgment or forfeiture of bail or deposit of a person on a charge of violating chapter 3 or 4 of this title or this chapter or any other law regulating the operation of vehicles on highways, each magistrate of the court or clerk of the court of record in which the conviction or judgment was had or bail or deposit was forfeited shall prepare and immediately forward to the department an abstract of the record of the court covering the case in which the person either:
1. Was convicted.
2. Was adjudicated to have committed a civil traffic violation.
3. Forfeited bail or deposit.
C. The person required to prepare the abstract shall certify that it is true and correct.
D. A report is not required for a conviction or civil adjudication involving the illegal parking or standing of a vehicle.
E. The abstract shall be made on a form furnished or in a manner prescribed by the department and shall include:
1. The name and address of the party charged.
2. The number, if any, of the driver license of the party charged.
3. The registration number of the vehicle involved.
4. The nature of the offense or civil traffic violation.
5. The date of the hearing, the plea, the judgment or whether bail or deposit was forfeited.
6. The amount of the fine, civil penalty or forfeiture.
F. Each court of record shall also forward a like report to the department on the conviction of a person of homicide or aggravated assault resulting from the operation of a motor vehicle or any other felony in the commission of which a motor vehicle was used. To facilitate the preparation of the report, the sentencing minute entry that is issued by the court shall indicate if the person was convicted of an offense that required the mandatory revocation of a driver license pursuant to section 28-3304, subsection A, paragraph 1, 2, 3, 4 or 5.
G. The department shall keep all abstracts received under this section for inspection as required by law.
H. Each judge, referee, hearing officer, probation officer or other person responsible for the disposition of cases involving traffic offenses or civil violations committed by persons under eighteen years of age shall:
1. Keep a full record of each case in which the person is charged with a violation of chapter 3 or 4 of this title or this chapter or any other law regulating the operation of vehicles on highways.
2. Report the offense or civil violation to the department at its office in Phoenix not more than thirty days after the date on which it was committed, except that a report is not required for parking violations or if it is found that the offense or civil violation was not committed.
I. The report required by subsection H of this section shall:
1. Be made on a form furnished or in a manner prescribed by the department.
2. Contain:
(a) All necessary information as to the identity of the offender.
(b) The citing or arresting agency.
(c) The date and nature of the offense or civil violation.
(d) The date of the hearing, the plea, the judgment or whether bail or deposit was forfeited.
(e) The amount of the fine, civil penalty or forfeiture.
J. Failure, refusal or neglect of a judicial officer to comply with this section is misconduct in office and grounds for removal from office.