45-37A-42.14
Section 45-37A-42.14 Civil action against person operating vehicle. Any person against whom
a determination of liability for a civil violation is made pursuant to an ordinance authorized
by this part, and who actually pays the fine imposed thereby shall have a cause of action
against any person who may be shown to have been operating the vehicle recorded at the time
of the violation for the amount of the fine actually paid plus any consequential or compensatory
damages and a reasonable attorney fee, without regard to the rules regarding joint and several
liability, contribution, or indemnity provided, however, that as a condition precedent to
the bringing of a civil action, that the person held responsible for payment of a fine must
first make written demand on the other person for reimbursement of the fine, giving a minimum
of 60 days to remit payment, and if reimbursement is fully made within the 60-day period then
the cause of action shall be extinguished and no attorney fees or...
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45-37A-331.13
Section 45-37A-331.13 Civil action against person operating vehicle. Any person against whom
an adjudication of liability for a civil violation is made under this part, or the ordinance
passed pursuant hereto, and who actually pays the civil fine imposed thereby shall have a
cause of action against any person who may be shown to have been operating the vehicle recorded
at the time of the violation for the amount of the civil fine actually paid plus any consequential
or compensatory damages and a reasonable attorney fee, without regard to the rules regarding
joint and several liability, contribution, or indemnity. Provided, however, that as a condition
precedent to the bringing of a civil action, that the person held responsible for payment
of the civil fine shall first make written demand on the other person for reimbursement of
the civil fine, giving a minimum of 60 days to remit payment, and if reimbursement is fully
made within the 60-day period then the cause of action shall be...
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45-41A-41.13
Section 45-41A-41.13 Civil action against person operating vehicle. Any person against whom
an adjudication of liability for a civil violation is made under this part, or the ordinance
passed pursuant hereto, and who actually pays the civil fine imposed thereby shall have a
cause of action against any person who may be shown to have been operating a vehicle recorded
at the time of the violation for the amount of the civil fine actually paid plus any consequential
or compensatory damages and a reasonable attorney fee, without regard to the rules regarding
joint and several liability, contribution, or indemnity. Provided, however, that as a condition
precedent to the bringing of a civil action, that the person held responsible for payment
of a civil fine shall first make written demand on the other person for reimbursement of the
civil fine, giving a minimum of 60 days to remit payment, and if reimbursement is fully made
within the 60-day period then the cause of action shall be...
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15-27-1
Section 15-27-1 Petition to expunge records - Misdemeanor criminal offense, traffic violation,
municipal ordinance violation. (a) A person who has been charged with a misdemeanor criminal
offense, a violation, a traffic violation, or a municipal ordinance violation may file a petition
in the criminal division of the circuit court in the county in which the charges were filed,
to expunge records relating to the charge in any of the following circumstances: (1) When
the charge is dismissed with prejudice. (2) When the charge has been no billed by a grand
jury. (3) When the person has been found not guilty of the charge. (4) When the charge was
dismissed without prejudice more than two years ago, has not been refiled, and the person
has not been convicted of any other felony or misdemeanor crime, any violation, or any traffic
violation, excluding minor traffic violations, during the previous two years. (5) When the
person proves by a preponderance of the evidence that the person is a...
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45-24A-32.07
Section 45-24A-32.07 Appellate procedures. (a) The circuit court hearing an appeal shall use
the procedures that apply to criminal convictions in municipal court with the following qualifications:
(1) The proceedings shall retain their civil nature on appeal with the circuit court applying
the preponderance of the evidence standard. (2) If the person is adjudicated by the circuit
court to be responsible for payment of the civil penalty, circuit court costs shall be owed
by the person adjudicated responsible, with 100 percent of those court costs retained by the
circuit court. Court costs in the circuit court shall be calculated as are court costs for
criminal appeals from the municipal court, and in the event the circuit court finds the person
appealing to not be responsible, no municipal court costs shall be owed to the city. (3) Regardless
of the civil nature of the proceedings, the circuit court, in its discretion and for its administrative
convenience, may assign case numbers as...
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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.)...
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16-27A-6
Section 16-27A-6 Transfer of responsibility for payment of fine. (a) The owner shall not be
responsible for payment of the civil fine resulting from a notice of violation if each of
the following conditions apply: (1) The vehicle was operated at the time of the violation
by a person who was not the owner or an agent or employee of the owner. (2) The owner signs
and timely transmits to the governing body on the form provided with the notice of violation
and in accordance with the procedure set out on the notice of violation a statement that he
or she was not operating the vehicle at the time of the violation, and that the person who
was operating the vehicle was not the agent or employee of the owner. (3) The owner timely
transmits to the governing body on the form provided with the notice of violation and in accordance
with the procedure set out on the notice of violation the name and mailing address of the
person who was operating the vehicle. (4) The civil fine is paid by any person,...
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27-10-37
Section 27-10-37 Penalty for violation of article. (a) Any person who in this state represents
or aids a nonadmitted insurer in willful violation of the provisions of this surplus lines
insurance law shall, upon conviction thereof, be guilty of a misdemeanor and be subject to
a fine not in excess of $1,000.00 or imprisonment for not more than one year, or by both such
fine and imprisonment, in the discretion of the court. (b) In addition to the penalties provided
for in subsection (a) of this section, such violator shall be liable, personally, jointly
and severally, with any other person, or persons, liable therefor for payment of taxes payable
on account of such insurance. (c) In addition to any other penalty provided for in this section
or otherwise provided by law, including suspension, revocation, or refusal to renew license,
any person, firm, association, or corporation willfully violating any provision of this article
shall be liable to a penalty not exceeding $1,000.00 for the...
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27-17A-23
Section 27-17A-23 Civil actions; liability. The commissioner, the Attorney General, or any
person may bring a civil action against a person or company violating this chapter in the
appropriate court of the county in which the alleged violator resides or has his or her or
its principal place of business or in the county wherein the alleged violation occurred. Upon
adverse adjudication, the defendant shall be liable for actual damages caused by the violation.
The court, as provided by common law, may award punitive damages and may provide equitable
relief as it deems proper or necessary, including enjoining the defendant from further violation
of this chapter. (Act 2002-74, p. 221, §1; Act 2014-216, p. 653, §3.)...
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45-10-170.44
Section 45-10-170.44 Violations. (a) Any violation of this subpart shall constitute a public
nuisance subject to a civil fine of fifty dollars ($50) per day not to exceed three thousand
dollars ($3,000) to be assessed by the county commission. Any person assessed a fine pursuant
to this section may pay the fine to the county commission or request, within 30 days of receipt
of the citation, a due process hearing before the county commission or a hearing officer appointed
by the county commission on the validity of the citation. An order of the county commission
or its hearing officer finding a violation and an assessment of a civil fine shall be final
within 30 days thereof unless appealed to the Circuit Court of Cherokee County based upon
the record of the due process hearing. Any fine due and owing shall be considered a debt owed
to the county commission and shall be enforceable by civil action in the same manner as any
other debt. The person or entity owing the fine shall be liable...
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