Q: Traffic court is civil court? How is the police officer the injured party?

A: Don't feel bad: a lot of attorneys and judges get confused about the court system, rules, and procedures.

Here is a 10,000-feet overview of the court system: you can break the court system down into two parts - civil and criminal. Criminal court is when you are alleged to have committed a crime by the state. The standard there is beyond a reasonable doubt. Why? Because a person's liberty is at stake. Everything else is a civil matter. That includes family (e.g. divorce and child custody), landlord-tenant, lawsuits.

So what about "traffic court"? You are "charged" by a government entity for a traffic offense. It's civil because the possible penalty does not involve jail or prison. You would be looking at a fine, and maybe some points on your license. Because of that, there is a reduced burden of proof.

A: Yes, traffic court is a type of civil court, not criminal court. In traffic court, cases typically involve violations of traffic laws, like speeding or running a red light, which are considered civil infractions rather than criminal offenses. The goal is to resolve disputes over traffic citations and determine if a fine or other penalty should be imposed.

In these cases, the police officer who issued the ticket isn't the "injured party" in the usual sense. The officer acts as a witness for the state or local government, which is considered the injured party because the law has allegedly been violated. The idea is that violating traffic laws creates a potential danger to public safety, and the government seeks to enforce these rules to maintain order and safety on the roads.

You have the opportunity to present your side in traffic court, just as the officer presents theirs. The judge will listen to both sides and decide based on the evidence and the law. Understanding this process can help you better navigate the legal system if you ever need to contest a ticket.