FAQs about Traffic Cases and Other Minor Offense
Other Minor Offenses include Fish & Game and Underage Minor Consuming Alcohol
Note: Click on a question to expand or collapse content.
Note: Click on a question to expand or collapse content.
A minor offense as an offense defined in Minor Offense Rule 2 and Rule 18 . Most commonly these are:
If you do not respond within 30 days, you will be sent a warning notice giving you 15 additional days to respond. If you do not respond after those 15 days, the court will enter default judgment against you for:
Efforts to collect this judgment will include attachment of your Permanent Fund Dividend.
You can ask for more time by filing a Request to Extend Fine Due Date, TR-218 .
You have the following options:
Before your trial date, you can enter a "No Contest" plea and file a request to extend the fine due date to pay the ticket by filing a Request to Extend Fine Due Date, TR-218 .
No. There is no fee to fight a minor offense case in court.
For any citation that is marked "correctable", bring the proof of the correction (documents and/or the vehicle itself) to the agency listed on the citation (either the Police Department or Alaska State Troopers) within 30 days.
For "No Proof of Insurance" or "Failure to Carry or Exhibit License" violations ONLY, you can show proof of correction to the nearest court clerk within 30 days. The court clerk will only dismiss the citation if you show proof that you had insurance or a valid license in effect at the time of the stop. The clerk will not dismiss the citation if you show proof that you got insurance after the police stopped you.
No, you cannot have the citation dismissed by completing a defensive driving course. You can check with the DMV to see if taking a defensive driving course might help to reduce the number of points assigned to your driver's license.
In some locations, you can talk to the prosecutor ahead of time to try to reach a deal. You must do this before trial. In most places the police officer will not negotiate but in a few locations, the officer may negotiate a deal right before the trial. The court does not negotiate deals for you.
You have a right to make the police officer prove the case at trial. You are presumed innocent and don't have to present any evidence yourself, although you can if you want to. Sometimes, the police officer will not have enough evidence to convince the court, or the court will allow the officer to amend the citation in certain situations, even if you say nothing. If the officer does not show up at the trial, the case will be dismissed.
Cases that list a specific fine amount
Cases that do NOT list a specific fine amount
No. The law requires DMV automatically to apply the points, and the court has no authority to adjust them. Read more about driver's license points and how to reduce the number of points on your license.
No. For the most part, slippery roads are not a defense to traffic citations. The law expects drivers to keep their vehicles under control at all times. Most traffic infractions are held to a "strict liability" standard, which means you are responsible regardless of whether you meant to do it.
Yes, but their testimony must be relevant and satisfy the rules of evidence. The court is only interested in what happened on that day, not your character or how you normally drive (the court does not look at your record, good or bad). Also, a witness can only testify about what the witness saw first-hand, not what somebody else said happened. The police officer must follow these rules too.
If your witness will not voluntarily appear for trial, you can ask the court clerk to issue a subpoena requiring the witness to appear. However, you must arrange to have the subpoena served on your witness by another person over the age of 18 years, a civil process server, or a police officer. You are not allowed to serve the subpoena yourself.
Showing up with an affidavit or a written statement from the witness is not a substitute for the witness testifying in court. In other words, the witness must testify in person or by phone.
Yes. But this means asking questions, not arguing with the officer. If you don't want to ask questions, that's fine as it is not required. You would cross-examine if you think your questions will cause the officer to provide answers that will help you. You get your turn to tell your side of the story AFTER the officer gives his or her own statement.
Yes. This is called discovery and you have a right to review anything the officer will show or use at trial, including the police report. You must request this information from the law enforcement agency that wrote the citation before the trial. You may have to pay a small fee for paper copies or a DVD.
No. You have the right to hire a lawyer to represent you, but no right to a free lawyer.
You may ask the court to lower the fine amount and do:
You can file:
If the court grants your request, it will state:
You will have to give the court written proof that you finished the community work service or defensive driving course.
If you do not provide written proof by the deadline, the fine and a surcharge (more money) will be due. If you do not pay, the costs may go to a collection agency and it may take your PFD, plus $35.
In addition to the fine and surcharges you owe, you will be assessed $35/case in collection costs if you fail to pay the fine by the date the court ordered. Efforts to collect this judgment will include attachment of your Permanent Fund Dividend. You can ask for more time by filing a Request to Extend Fine Due Date, TR-218 .
No, the court sets multiple cases on the calendar for the same time blocks. You may have to wait until your case is called.
No, the court will provide a language interpreter for you. It is helpful if you tell the court clerk before the trial that you will need an interpreter and what language you speak.
You must be accompanied by a parent, guardian, or legal custodian at any court appearance until your reach the age of 18.
Yes. You have the right to appeal to the Superior Court, but there may be additional fees. You will also have to file a brief, which is a document that explains what errors you believe the trial court made in your case. To be successful, you must show that the court made a mistake about the law or misunderstood the evidence. The fact that the court didn't believe you is not usually enough to overturn the decision. You have 30 days to start your appeal from the date the court found you guilty. Read more about filing an appeal to Superior Court .
If the default judgment was within the last 2 years, you can ask the court to "set it aside", which means to undo the judgment by filing a Motion to Vacate (Cancel) Default Judgment, TR-420 .
There are two types of requests:
Make sure to fill out the "Certificate of Mailing" section below the signature area showing the date that you provided a copy of the Motion to the agency that wrote the citation (or to the city/borough prosecutor’s office if one is involved) by checking the correct box, and signing it.