City Of Tucson Affidavit Of Civil Traffic Compromise (Page 2 of 2) in pdf

CIVIL TRAFFIC CITATION COMPROMISE INSTRUCTIONS AND INFORMATION

What is a Civil Traffic Citation Compromise?

If you received a traffic citation for an accident, you citation may be dismissed upon motion of the

prosecutor if the victim is willing to enter into a compromise with you. A compromise is a written

agreement between you and the victim in which the victim agrees to recommend the citation be dismissed

because you or your insurer have fully paid the victim’s economic loss.

NOTE: A dismissal based on a civil traffic compromise is discretionary with the City

Prosecutor’s Office. The prosecutor reserves the right not to dismiss if the interests of justice so require.

What are the Benefits of Entering into a Civil Traffic Citation Compromise Agreement?

If the prosecutor dismisses your traffic citation pursuant to a compromise, there is no fine and no

points appear on your Motor Vehicle Division driving record for the compromised charge.

Instructions for Obtaining a Civil Traffic Compromise Dismissal:

Go to the Records Division of the Tucson Police Department (TPD) at 270 South Stone and

purchase a copy of your accident report. You can also obtain a copy of the accident report online at

Pick up a civil traffic citation compromise affidavit form for the driver (victim) of the vehicle.

If the owner of the vehicle was NOT the driver involved in the accident, you will need an additional

form to present to the owner. If multiple vehicles were involved, you will need to get an affidavit

signed by all other drivers/owners of those vehicles. If the accident report indicates physical injury, you

will also need to get an affidavit signed by all passengers in each vehicle. These forms may be obtained

at either the City Prosecutor’s Office, at 103 East Alameda, Suite 501 or the Records Division of the

Tucson Police Department.

Contact the victim or the victim’s attorney, whichever is appropriate, to discuss whether the victim

is interested in entering into a civil compromise agreement. The victim is not required to sign any

agreement even if his or her damages have been satisfied. The decision is strictly voluntary.

Compensate the victim to the victim’s satisfaction, either directly or through your insurance

company.

Present the compromise form to the victim. Ask the victim to sign the form, if satisfied. The

victim’s signature must be notarized. A notary public is available at most banks. If the victim is under

the age of 18, a parent of guardian must sign the Affidavit.

Go to the City Prosecutor’s Office, located at 103 East Alameda, Suite 501, at least 10 days prior

to your hearing date. Take your citation, traffic accident report and the signed and notarized form(s). A

prosecutor will review the paperwork, and if complete, file a motion to dismiss the traffic violation. Next,

take the dismissal form to the Public Services Office of Tucson City Court (first floor of the Alameda

Court Building, 103 East Alameda), and take a number. A clerk will then enter the dismissal into the

court’s record and release you from any further obligation. The dismissal will also vacate any scheduled

hearing, unless you have other violations that are required to be heard by the court.

SAM/FORMS/MISC FORMS/CivilTrafficCompromise-0209

City Of Tucson Affidavit Of Civil Traffic Compromise Page 2