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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-41A-41.13.htm - 1K - Match Info - Similar pages
16-27A-8
Section 16-27A-8 Appeals. Persons who contest a notice of violation and are adjudicated by
the court to be responsible for the civil fine may appeal the adjudication for a trial de
novo to the circuit court of the county in which the district or municipal court is located,
using the procedures that apply to criminal convictions 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) The person appealing must, as a condition
precedent to appeal, pay the civil fine in full, and failure to do so shall divest the circuit
court of jurisdiction. If on appeal the circuit court finds that the person is not responsible
for payment of the civil fine, the county or municipality shall refund the same without interest
within 15 days of receipt of notice of the disposition from the circuit court. If the person
is adjudicated by the circuit court to be responsible for payment of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/16-27A-8.htm - 2K - Match Info - Similar pages
45-49-101.08
Section 45-49-101.08 Appeals. A person who contests a notice of violation and is adjudicated
by the court to be responsible for the civil fine may appeal the adjudication for a trial
de nova to the Circuit Court of Mobile County, in which the district or municipal court is
located, using the procedures that apply to criminal convictions 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) The person appealing, as a condition precedent
to appeal, shall pay the civil fine in full, and failure to do so shall divest the Circuit
Court of Mobile County. If, on appeal the circuit court finds that the person is not responsible
for payment of the civil fine, the county or municipality located in Mobile County, or the
Alabama State Law Enforcement Agency, shall refund the same without interest within 15 days
of receipt of notice of the disposition from the circuit court. If...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49-101.08.htm - 2K - 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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-100.05.htm - 7K - Match Info - Similar pages
45-45-174
Section 45-45-174 Noise control. (a) In Madison County, the Madison County Commission may enact
a noise ordinance for the areas outside of the corporate limits of any municipality and may
provide that a violation of the ordinance constitutes a public nuisance subject to a civil
fine of not more than one thousand dollars ($1,000) per day to be assessed as provided in
the ordinance. Any law enforcement officer or constable may issue a citation alleging a violation
of the ordinance. The ordinance may provide that the person charged with a violation may pay
a civil fine or request, within 30 days of receipt of the citation, a due process hearing
before the Madison County Commission or a hearing officer designated by the Madison County
Commission on the validity of the citation. An order of the Madison County Commission finding
a violation and an assessment of a civil fine shall be final within 30 days thereof unless
appealed to the Circuit Court in Madison County based on the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-45-174.htm - 2K - Match Info - Similar pages
45-37A-331.03
Section 45-37A-331.03 Utilization of photographic traffic signal enforcement system. (a) The
city is authorized to utilize an automated photographic traffic signal enforcement system
to detect and record traffic signal violations, to issue notices of civil violations by mail,
and to prosecute civil violations for the recorded traffic signal violations which may occur
within the corporate limits of the city as provided in this part. A civil fine assessed under
this part shall not exceed one hundred dollars ($100), and municipal court costs shall be
assessed in the same manner and in the same amounts prescribed for a municipal criminal traffic
control device violation prosecuted as a misdemeanor under Sections 32-5A-31, 32-5A-32, or
32-5A-35, or any combination thereof. Court costs collected pursuant to this part shall be
distributed in the same manner as prescribed by law for the distribution of municipal court
costs for misdemeanor violations. An additional fee of ten dollars ($10)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-331.03.htm - 3K - Match Info - Similar pages
45-41A-41.03
Section 45-41A-41.03 Utilization of photographic traffic signal enforcement system. (a) The
city is empowered to utilize a photographic traffic signal enforcement system to detect and
record traffic signal violations, to issue notices of civil violations by mail, and to prosecute
civil violations for the recorded traffic signal violations which may occur within the corporate
limits of the city as provided in this part. A civil fine assessed under this part shall not
exceed one hundred dollars ($100), and municipal court costs shall be assessed only in contested
cases in the same manner and in the same amounts prescribed for a municipal criminal traffic-control
device violation prosecuted as a misdemeanor under Sections 32-5A-31, 32-5A-32, and 32-5A-35,
or any combination thereof. An additional fee of ten dollars ($10) shall be collected in connection
with notices issued under this part. Court costs collected pursuant to this part shall be
distributed in the same manner as prescribed by...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-41A-41.03.htm - 2K - Match Info - Similar pages
45-37A-331.34
Section 45-37A-331.34 Notice of violation; civil penalty. (a) Prior to imposing a civil penalty
pursuant to this subpart, the City of Midfield shall first mail a notice of violation by certified
United States mail, return receipt requested, to the owner of the motor vehicle which is recorded
by the automated photographic speeding enforcement system that committed a speeding violation.
The notice shall be sent not later than the 30th day after the date the speeding violation
is recorded to the following: (1) The owner's address as shown on the registration records
of the Alabama Department of Revenue. (2) If the vehicle is registered in another state or
country, to the owner's address as shown on the motor vehicle registration records of the
department or agency of the other state or country analogous to the Alabama Department of
Revenue. (b) A notice of violation issued under this subpart shall contain the following:
(1) Description of the speeding violation alleged. (2) The date,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-331.34.htm - 3K - Match Info - Similar pages
45-37A-42.04
Section 45-37A-42.04 Notice of violation. (a) The city or its designee shall mail a notice
of violation by U.S. mail to the owner of the motor vehicle which is recorded by the photographic
traffic signal enforcement system, photographic stop sign enforcement system, or photographic
vehicle speed enforcement system while committing a traffic signal violation, stop sign violation,
or speeding violation. The notice shall be sent not later than the 30th day after the date
the traffic signal violation, stop sign violation, or speeding violation is recorded to: (1)
The owner's address as shown on the registration records of the Alabama Department of Revenue.
(2) If the vehicle is registered in another state or country, to the owner's address as shown
on the motor vehicle registration records of the department or agency of the other state or
country analogous to the Alabama Department of Revenue. (b) A notice of violation issued under
this part shall contain the following: (1) Description of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-42.04.htm - 3K - Match Info - Similar pages
45-21A-10.03
Section 45-21A-10.03 Notice of violation; civil penalty. (a) Prior to imposing a civil penalty
pursuant to this article, the City of Brantley shall first mail a notice of violation by certified
U.S. mail, return receipt requested, to the owner of the motor vehicle which is recorded by
the automated photographic speeding enforcement system that committed a speeding violation.
The notice shall be sent not later than the 30th day after the date the speeding violation
is recorded to the following: (1) The owner's address as shown on the registration records
of the Alabama Department of Revenue. (2) If the vehicle is registered in another state or
country, to the owner's address as shown on the motor vehicle registration records of the
department or agency of the other state or country analogous to the Alabama Department of
Revenue. (3) If a traffic violation is based on the vehicle identification number, and the
registered owner of the vehicle is a rental car business, the law enforcement...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-21A-10.03.htm - 3K - Match Info - Similar pages
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