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-42.02
Section 45-37A-42.02 Definitions. As used in this part, the following terms shall have the following meanings: (1) CITY. The City of Bessemer, Alabama. (2) CIVIL VIOLATION. A violation of the provisions of the ordinance authorized by this part, the penalty for which violation shall be the payment of a fine, the enforcement of which will not be otherwise permissible. (3) FINE. The monetary amount assessed by the City of Bessemer pursuant to the ordinance authorized by this part for a determination of civil liability for a traffic signal violation, stop sign violation, or speeding violation, which may include administrative hearing costs associated with the infraction. (4) OWNER. The owner or owner of record of a motor vehicle as shown on the motor vehicle registration and title records of the Alabama Department of Revenue or the analogous department or agency of another state or nation. The term shall not include motor vehicles displaying dealer license plates, in which event owner...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-42.02.htm - 5K - Match Info - Similar pages
16-27A-4
Section 16-27A-4 Notice of violation; destruction of images and information. (a) After review of the violation by a law enforcement officer or trained technician, the governing body or contractor shall send the owner of a vehicle that has been detected by the device as being involved in a school bus violation a notice of violation by U. S. mail. A notice of violation shall be mailed no later than 14 days after being reviewed by law enforcement. In the event there is more than one owner, the notice may be issued to the first person listed on the title or other evidence of ownership, or jointly to all listed owners. (b) The notice of violation shall include at a minimum each of the following items of information: (1) The name and address of the person alleged to be liable as the owner of the motor vehicle involved in the violation. (2) The license tag number of the vehicle. (3) The violation charged. (4) The date, time, and location where the violation occurred. (5) The photographic...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/16-27A-4.htm - 3K - Match Info - Similar pages
45-37A-100.13
Section 45-37A-100.13 Criminal violations. No fine may be imposed and no adjudication of liability for a civil violation may be made under this article if the operator of the vehicle was arrested or was issued a citation and notice to appear by a sworn police officer for a criminal violation of any portion of Article 2, commencing with Section 32-5A-30, Chapter 5A, Title 32, including, but not limited to, Sections 32-5A-31, 32-5A-34, and 32-5A-35, or any other municipal ordinance which embraces and incorporates the statutes contained in that article, and which occurred simultaneously with and under the same set of circumstances that were recorded by the photographic traffic signal enforcement system, the photographic stop sign enforcement system, or the photographic vehicle speed enforcement system. (Act 2013-228, p. 546, §14.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-100.13.htm - 1K - Match Info - Similar pages
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,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-331.05.htm - 6K - Match Info - Similar pages
45-37A-42.13
Section 45-37A-42.13 Criminal violations. No fine may be imposed and no adjudication of liability for a civil violation may be made under this part if the operator of the vehicle was arrested or was issued a citation and notice to appear by a sworn police officer for a criminal violation of any portion of Article 2, Chapter 5A, Title 32, including, but not limited to, Sections 32-5A-31, 32-5A-34, and 32-5A-35, or any other municipal ordinance which embraces and incorporates the statutes contained in that article, and which occurred simultaneously with and under the same set of circumstances that were recorded by the photographic traffic signal enforcement system, the photographic stop sign enforcement system, or the photographic vehicle speed enforcement system. (Act 2016-323, §14.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-42.13.htm - 1K - Match Info - Similar pages
45-21A-10.10
Section 45-21A-10.10 Violations of state statutes. No civil penalty may be imposed and no adjudication of liability for a civil violation may be made under this article if the operator of the vehicle was arrested or was issued a citation and notice to appear by a sworn police officer for a criminal violation of any portion of Title 32, Chapter 5A, Article 8, including, but not limited to, Sections 32-5A-170 to 32-5A-178, inclusive, or any other municipal ordinance which embraces and incorporates the statutes contained in that article, and which occurred simultaneously with and under the same set of circumstances which were recorded by the automated photographic speeding enforcement system. (Act 2015-20, §11.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-21A-10.10.htm - 1K - Match Info - Similar pages
45-37A-331.41
Section 45-37A-331.41 Violations of state statutes. No civil penalty may be imposed and no adjudication of liability for a civil violation may be made under this subpart if the operator of the vehicle was arrested or was issued a citation and notice to appear by a sworn police officer for a criminal violation of any portion of Title 32, Chapter 5A, Article 8, including, but not limited to, Sections 32-5A-170 to 32-5A-178, inclusive, or any other municipal ordinance which embraces and incorporates the statutes contained in that article, and which occurred simultaneously with and under the same set of circumstances which were recorded by the automated photographic speeding enforcement system. (Act 2014-426, p. 1563, §12.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-331.41.htm - 1K - Match Info - Similar pages
45-21A-10.08
Section 45-21A-10.08 Fees; records of adjudication of civil violations. The city may provide by ordinance that a late fee not exceeding twenty-five dollars ($25) shall attach to untimely paid civil fines that are authorized in this article. No person may be arrested or incarcerated for nonpayment of a civil fine or late fee. No record of an adjudication of civil violation made under this article shall be listed, entered, or reported on any criminal record or driving record, whether the record is maintained by the city or an outside agency. An adjudication of civil violation provided for in this article shall not be considered a conviction for any purpose, shall not be used to increase or enhance punishment for any subsequent offense of a criminal nature, shall not be considered a moving violation, and shall not be used by any insurance company to determine or affect premiums or rates unless an accident occurred due to the violation. The fact that a person is held liable or responsible...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-21A-10.08.htm - 1K - Match Info - Similar pages
45-37A-331.38
Section 45-37A-331.38 Identity of owner or vehicle. In the event the evidence produced by an automated photographic speeding enforcement system does not produce an image of the license plate with sufficient clarity for a trained technician to determine the identity of the owner, and if the identity cannot otherwise be reliably established, then no notice of violation may be issued pursuant to this subpart. If, however, a notice of violation is issued, to the degree constitutionally allowed, those issues related to the identity of the vehicle or its owner shall affect the weight to be accorded the evidence and shall not affect its admissibility. (Act 2014-426, p. 1563, §9.)...
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