45-24A-32.12
Section 45-24A-32.12 Relation to state statutes. No civil penalty 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, of Chapter 5A, of 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 which were recorded by the photographic
traffic signal enforcement system. (Act 2010-741, p. 1870, §13.)...
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45-37A-100.07
Section 45-37A-100.07 Petition for judicial review. The circuit court hearing a petition for
judicial review shall utilize the procedures applicable to proceedings in the Jefferson County
District Court with all of the following qualifications: (1) The proceedings shall retain
their civil nature 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
fine, circuit court costs shall be owed by the person adjudicated responsible, with 100 percent
of those court costs collected to be retained by the circuit court, which costs shall be calculated
in the same manner as court costs for criminal appeals from the Jefferson County District
Court, provided that, in the event the circuit court finds the person petitioning for judicial
review to not be responsible, any fine or fee paid, related to that citation, shall be refunded
by the city. (3) Regardless of the civil nature of the...
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45-37A-331.09
Section 45-37A-331.09 Late fees; record 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 part. 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
part 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 part 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 for a civil fine for...
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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.)...
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45-37A-42.07
Section 45-37A-42.07 Petition for judicial review. The circuit court hearing a petition for
judicial review shall utilize the procedures applicable to proceedings in the Jefferson County
District Court with the following qualifications: (1) The proceedings shall retain their civil
nature 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 fine,
circuit court costs shall be owed by the person adjudicated responsible, with 100 percent
of those court costs collected to be retained by the circuit court, which costs shall be calculated
in the same manner as court costs for criminal appeals from the Jefferson County District
Court, provided that, in the event the circuit court finds the person petitioning for judicial
review to not be responsible, any fine or fee paid, related to that citation, shall be refunded
by the city. (3) Regardless of the civil nature of the proceedings,...
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45-49-101.06
Section 45-49-101.06 Transfer of responsibility for payment of fine. (a) The owner may 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 county or municipality, 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 county or municipality, 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...
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45-49-101.10
Section 45-49-101.10 Civil violations under part. (a) A civil violation of this part may not
result in any punishment of a criminal nature, may not count as points and may not be entered
into any person's official driving history, may not be considered a criminal conviction for
any purpose, may not be used to increase or enhance punishment for a subsequent offense of
a civil or criminal nature, and may not be considered a moving violation, and no person may
be arrested or incarcerated for nonpayment of a civil fine. (b) The fact that a person is
held liable or responsible for a civil fine for a violation may not be used as evidence that
the person was guilty of negligence or other culpable conduct, but this fact may not preclude
evidence generated by a device from being used as evidence in other proceedings. (Act 2015-330,
§ 12.)...
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2-11-40
Section 2-11-40 Penalty for violations of provisions of article for which no civil penalty
provided. Any person who violates any provision of this article for which no other civil penalty
is provided by this article shall, upon conviction, be subject to a fine of not more than
$500.00; provided, that no person shall be subject to penalties under this section for receiving
for transportation any article in violation of this article if such receipt was made in good
faith, unless such person refuses to furnish, on request of a representative of the commissioner,
the name and address of the person from whom he received such article and copies of all documents,
if any there be, pertaining to the delivery of the article to him. (Acts 1975, No. 1191, p.
2333, §7.)...
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32-7A-23
Section 32-7A-23 Evidence of coverage at time of citation. No person charged with violating
the requirements of this chapter to maintain or present, or both, evidence of insurance shall
be convicted of a Class C misdemeanor in accordance with subsection (a) of Section 32-7A-16
if such person produces in court satisfactory evidence that, at the time of the citation,
the motor vehicle was covered by a liability insurance policy, commercial automobile liability
insurance policy, liability insurance bond, or deposit of cash in accordance with Section
32-7A-4. However, such person may be convicted of a traffic violation as set forth in subsection
(b) of Section 32-7A-16. (Act 2011-688, p. 2076, §4.)...
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45-37A-331.12
Section 45-37A-331.12 Criminal violations. No civil penalty 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, 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 which
were recorded by the photographic traffic signal enforcement system. (Act 2011-569, p. 1153,
§13.)...
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