A. Entry of Default Judgment. For a civil offense or a civil traffic violation, if the alleged violator fails to appear at the Magistrate Court on the date and time of the hearing specified in the citation or complaint, the Magistrate Court shall enter judgment by default against the alleged violator. The judgment by default shall be set aside as permitted by the applicable rules of procedure.

B. Default Fee. The Magistrate Court may impose an additional default fee of not to exceed fifty dollars ($50.00) for a default or a failure to pay any monetary penalty under this article for a civil offense or a civil traffic violation. This default fee may be waived by the Magistrate Court for a person found by the Magistrate Court to be indigent.

C. Suspension of License for Civil Traffic Violations. For civil traffic violations, the Magistrate Court may notify the Motor Vehicle Division of the alleged violator’s failure to appear and default judgment if required by Arizona law and may direct the Motor Vehicle Division to suspend the alleged violator’s driver license or nonresident operating privilege until the monetary penalty is paid by the alleged violator. The Magistrate Court shall mail a notice to the last known address of the alleged violator of the same.

D. Setting Aside Default Judgments. For civil traffic violations, a default judgment may be set aside under Rule 23 of the Arizona Rules of Procedure in Civil Traffic Violation Cases.

E. Warrant for Criminal Offense. For a criminal misdemeanor offense or a petty offense, if the alleged violator fails to appear at the Magistrate Court on the date and time of the hearing specified in the citation or complaint or any subsequent hearing or conference, the Magistrate Court may issue a warrant for the alleged violator’s arrest and, if a warrant issues, shall mail a notice to the last known address of the alleged violator, if any, of the warrant and the procedure to clear the warrant.

F. Suspension of License for Criminal Offense. For a criminal misdemeanor offense under A.R.S. Title 28, if the alleged violator fails to appear at the Magistrate Court on the date and time of the hearing specified in the citation or complaint, the Magistrate Court may direct the Motor Vehicle Division to suspend the alleged violator’s driver license or nonresident operating privilege until the alleged violator appears at the Magistrate Court. [Ordinance #376, 2016; Resolution #1529, 2016; prior code § 1-8-8.]