There are two Court of Appeals in Arizona, Division 1 and Division 2. The state is divvied up geographically.
Court of Appeals, Division Two , Divsion 2 covers Tucson
Court of Appeals, Divsion One (or 1 or I if you prefer). Division 1 covers Phoenix
tip: you can seach Arizona Court of Appeals by doing this google search (but it’s not clear how well this works — i.e. can’t find older opinions; should use the court’s search functions to be more sure):
bicycle site:azcourts.gov/Portals/0/OpinionFiles (Divsion 1)
bicycle site:www.apltwo.ct.state.az.us (Division 2)
There’s two comments here about some interesting decisions, relating to Maxwell.
There’s a very recent (2013) ruling about using headlights on the sidewalk: Baggett.
Order of court proceedings for civil traffic complaint:
- local court; e.g. a justice court, or city municipal court… if found responsible you file a “Notice of Appeal” get a copy of the record, and eventually file a
- “Motion for Rehearing”, or the “Appellant’s Memorandum” (different names for the same thing?) in county superior court, if unhappy “Generally, there is no right of appeal to the Court of Appeals or the Supreme Court”, but next stop is…
- [There’s a big caveat here, see comment below about Banahan and the earlier Poli for details] Court of Appeals. Division One or Divison Two (by geography) “The second highest court in Arizona. A case originating in the traffic court will rarely be considered by the Court of Appeals” … also note “In rare cases, a special action may be granted”. If Court of Appeals rules and are still unhappy you can ask the…
- Supreme Court; which is entirely at their discretion.
Here are a couple of handy documents about how Traffic Court works in Arizona:
- azcourts.gov look under “appeals” there are several, e.g. Representing yourself: appealing a civil traffic case, currently dated 2008
- Civil Traffic Rules and Procedure – The New Rules Prepared by Hon. George T. Anagnost, Peoria Municipal Court, 2002. Covers procedural rules, rules of evidence, etc (another copy of this document is here). Especially interesting fragments: “Rule 17. Rules of Evidence and Burden of Proof… (a) The Arizona Rules of Evidence shall NOT apply in civil traffic cases” “Rule 12 . The State NEED NOT be represented by counsel at the hearing or appeal of a civil traffic complaint” (indeed, it is exceedingly rare for the state to be represented, except in the City of Flagstaff).
- Resource page “Guide to Arizona Traffic laws” from ASU school of Law; has many references to law books geared to finding resources for representing yourself.
Here’s a westlaw.com site that supposedly has a whole bunch of different rules for different courts, e.g. Phoenix specific rules. (the original link was azrules.westgroup.com/home/azrules/default.wl )
Searching with Findlaw