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13A-10-53
Section 13A-10-53 Defense. It is an affirmative defense to prosecution under this article that
the arrest was unlawful or that the person operating the motor vehicle was aware of the signal
from the law enforcement officer to bring the vehicle to a stop and the person stopped his
or her vehicle within a reasonable time and at a reasonable location based on the facts and
circumstances of the stop. (Act 2009-616, p. 1779, ยง4.)...
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45-37A-42.05
Section 45-37A-42.05 Administrative hearings; contesting liability; fines and costs; affirmative
defenses. (a) An Administrative Hearing Officer appointed by the Mayor of the city is vested
with the power and jurisdiction to conduct administrative hearings of civil violations provided
for in this part. (b) A person who receives a notice of violation may contest the imposition
of the fine by submitting a request for an administrative hearing of the civil violation,
in writing, within 15 days of the 10th day after the date the notice of violation is mailed.
Upon receipt of a timely request, the city or its designee shall notify the person of the
date and time of the administrative hearing by U.S. mail. (c) Failure to pay a fine or to
contest liability in a timely manner is an admission of liability in the full amount of the
fine assessed in the notice of violation. (d) Any fine imposed pursuant to this part shall
not be collected if, after a hearing, the Administrative Hearing Officer...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-42.05.htm - 7K - Match Info - Similar pages
45-37A-100.05
Section 45-37A-100.05 Administrative hearings; contesting liability; fines and costs; affirmative
defenses. (a) An administrative hearing officer appointed by the mayor of the city is vested
with the power and jurisdiction to conduct administrative hearings of civil violations provided
for in this article. (b) A person who receives a notice of violation may contest the imposition
of the fine by submitting a request for an administrative hearing of the civil violation,
in writing, within 15 days of the 10th day after the date the notice of violation is mailed.
Upon receipt of a timely request, the city or its designee shall notify the person of the
date and time of the administrative hearing by United States mail. (c) Failure to pay a fine
or to contest liability in a timely manner is an admission of liability in the full amount
of the fine assessed in the notice of violation. (d) Any fine imposed pursuant to this article
shall not be collected if, after a hearing, the administrative...
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45-37A-331.05
Section 45-37A-331.05 Power and jurisdiction of municipal court; contesting liability; fines
and costs; affirmative defenses. (a) The municipal court is vested with the power and jurisdiction
to hear and adjudicate the civil violations provided for in this part, and to issue orders
imposing the civil fines and costs set out in this part. (b) A person who receives a notice
of violation may contest the imposition of the civil fine by submitting a request for a hearing
on the adjudication of the civil violation, in writing, within 15 days of the 10th day after
the date the notice of violation is mailed. Upon receipt of a timely request, the city shall
notify the person of the date and time of the adjudicative hearing by United States mail,
return receipt requested. (c) Failure to pay a civil penalty or to contest liability in a
timely manner is an admission of liability in the full amount of the civil fine assessed in
the notice of violation. (d) The civil fine shall not be assessed if,...
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45-41A-41.05
Section 45-41A-41.05 Power and jurisdiction of municipal court; contesting liability; fines
and costs; affirmative defenses. (a) The Opelika Municipal Court is vested with the power
and jurisdiction to hear and adjudicate the civil violations provided for in this part, and
to issue orders imposing the civil fines and costs set out in this part. (b) A person who
receives a violation may contest the imposition of the civil fine by submitting a request
for a hearing on the adjudication of the civil violation, in writing, within 15 days of the
10th day after the date the notice of violation is mailed. Upon receipt of a timely request,
the city shall notify the person of the date and time of the adjudicative hearing. (c) Failure
to pay a civil penalty or to contest liability in a timely manner is an admission of liability
in the full amount of the civil fine assessed in the notice of violation. (d) The civil fine
and court costs shall not be assessed if, after a hearing, the Opelika...
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13A-3-23
committing or attempting to commit a burglary of such dwelling. (3) Committing or about to
commit a kidnapping in any degree, assault in the first or second degree, burglary in any
degree, robbery in any degree, forcible rape, or forcible sodomy. (4) Using or about to use
physical force against an owner, employee, or other person authorized to be on business property
when the business is closed to the public while committing or attempting to commit a crime
involving death, serious physical injury, robbery, kidnapping, rape, sodomy, or a crime
of a sexual nature involving a child under the age of 12. (5) In the process of unlawfully
and forcefully entering, or has unlawfully and forcefully entered, a dwelling, residence,
business property, or occupied vehicle, or federally licensed nuclear power facility, or is
in the process of sabotaging or attempting to sabotage a federally licensed nuclear power
facility, or is attempting to remove, or has forcefully removed, a person against his...
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45-24A-32.05
Section 45-24A-32.05 Jurisdiction of court; adjudicative hearing; liability; evidence and procedure.
(a) The municipal court is vested with the power and jurisdiction to hear and adjudicate the
civil violations provided for in this part, and to issue orders imposing the civil penalties
and costs set out in this part. (b) A person who receives a notice of violation may contest
the imposition of the civil penalty by submitting a request for a hearing on the adjudication
of the civil violation, in writing, within 15 days of the 10th day after the date the notice
of violation is mailed. Upon receipt of a timely request, the city shall notify the person
of the date and time of the adjudicative hearing. (c) Failure to pay a civil penalty or to
contest liability in a timely manner is an admission of liability in the full amount of the
civil penalty assessed in the notice of violation. (d) The civil penalty and court costs shall
not be assessed if, after a hearing, the municipal court judge...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-24A-32.05.htm - 6K - Match Info - Similar pages
32-1-1.1
any motor vehicle, trailer, or semitrailer, singly or in combination, new or used, constitutes
the commodity being transported, when one set or more of wheels of any such vehicle are on
the roadway during the course of transportation, whether or not any such vehicle furnishes
the motive power. (14) DRIVER. Every person who drives or is in actual physical control of
a vehicle. (15) DRIVER'S LICENSE. Any license to operate a motor vehicle issued under the
laws of this state. (16) ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE. A self-balancing,
two non-tandem wheeled device designed to transport only one person with an electric propulsion
system with an average power of 750 watts (1 h.p.), that has a maximum speed on a paved level
surface, when powered solely by such a propulsion system while ridden by an operator who weighs
not more than 170 pounds, of less than 20 m.p.h. The term shall not include a motorized bicycle,
motorized scooter, or motorized skateboard. (17) ESSENTIAL PARTS....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-1-1.1.htm - 22K - Match Info - Similar pages
45-6-242
against gross sales or gross receipts, as the case may be, as follows: (1) Upon every person,
firm, or corporation (including the state, the University of Alabama, Auburn University, and
all other institutions of higher learning in the state, whether such institutions be denominational,
state, county, or municipal institutions, any association or other agency or instrumentality
of such institutions) engaged or continuing within the county in the business of selling at
retail any tangible personal property whatsoever, including merchandise and commodities
of every kind and character (not including, however, bonds or other evidences of debts or
stock, nor sales of material and supplies to any person for use in fulfilling a contract for
the painting, repair or reconditioning of vessels, ships, and other watercraft of over 50
tons burden) an amount of one percent of the gross proceeds of sales of the business, except
where a different amount is expressly provided herein; provided,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-6-242.htm - 28K - Match Info - Similar pages
15-22-1.1
by the Interstate Commission, but shall not be a member. (c) Corporate records of the Interstate
Commission. The Interstate Commission shall maintain its corporate books and records in accordance
with the bylaws. (d) Qualified immunity, defense and indemnification. (1) The members, officers,
executive director, and employees of the Interstate Commission shall be immune from suit and
liability, either personally or in their official capacity, for any claim for damage to or
loss of property or personal injury or other civil liability caused or arising
out of any actual or alleged act, error or omission that occurred within the scope of Interstate
Commission employment, duties or responsibilities; provided, that nothing in this paragraph
shall be construed to protect any such person from suit and/or liability for any damage, loss,
injury or liability caused by the intentional or willful and wanton misconduct of any
such person. (2) The Interstate Commission shall defend the...
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