The court may permit a defendant to present his defense or statement in mitigation of penalty by affidavit if the court deems it would be a hardship for the defendant to appear in court. This rule applies to all traffic cases except those involving indictable offenses, accidents resulting in personal injury, operation of a motor vehicle while under the influence of intoxicating liquor or a narcotic or habit-producing drug or permitting another person who is under the influence to operate a motor vehicle owned by the defendant or in the defendant's custody or control, reckless driving or leaving the scene of an accident.
In order to file a plea by affidavit, you must:
1. Consult with Court staff to obtain approval to forward defense by affidavit.
2. Complete the affidavit according to the instructions provided and return to the court upon having the affidavit notarized by a licensed notary.
3. The prosecution will present its testimony in the usual manner and the judge will read the contents of the affidavit in open court.
4. The judge will render a ruling in the case and the Clerk's office will send notification of the disposition by ordinary mail.
5. If sentence is imposed, you will be directed to comply with the sentence imposed within 10 days, unless otherwise ordered by the Judge.
