At the beginning of each trial, the officer, the defendant and all witnesses will be asked to swear or affirm that they will tell the truth when testifying. Please notify the court if you have brought a witness as soon as your case is called. Since the burden of proof is on the citing officer, he or she will have the first opportunity to present testimony and other evidence. After the officer concludes, the defendant will have the opportunity to present evidence or ask questions of the officer. The court's decision is usually based on the reliability and credibility of the evidence presented by both parties.
Simple diagrams can be helpful to the court in understanding all the circumstances of the case.
Diagrams do not have to be drawn precisely to scale, but they should accurately represent the area depicted. Photographs can also be helpful to the court, provided they fairly represent the situation that existed at the time of the alleged infraction. You should be prepared to state when and where the photograph was taken. Unless you are offering the testimony of an expert, witnesses must base their testimony on their personal knowledge of the incident. If you think that a witness may be reluctant to appear, you have the right to obtain a subpoena to compel his or her attendance at trial.