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32-5A-191.4
Section 32-5A-191.4 Ignition interlock devices. (a) As used in Section 32-5A-191, the term,
"ignition interlock device" means a constant monitoring device that prevents a motor
vehicle from being started at any time without first determining the equivalent blood alcohol
level of the operator through the taking of a breath sample for testing. The system shall
be calibrated so that the motor vehicle may not be started if the blood alcohol level of the
operator, as measured by the test, reaches a blood alcohol concentration level of 0.02. (b)
The ignition interlock device shall be installed, calibrated, and monitored directly by trained
technicians who shall train the offender for whom the device is being installed in the proper
use of the device. The use of a mail in or remote calibration system where the technician
is not in the immediate proximity of the vehicle being calibrated is prohibited. The Department
of Forensic Sciences shall promulgate rules for punishment and appeal for...
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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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45-37A-331.02
Section 45-37A-331.02 Definitions. As used in this part, the following terms shall have the
following meanings: (1) CITY. The City of Midfield, Alabama. (2) CIVIL FINE. The monetary
amount assessed by the city pursuant to this part for an adjudication of civil liability for
a traffic signal violation, including municipal court costs associated with the infraction.
(3) CIVIL VIOLATION. There is hereby created a noncriminal category of state law called a
civil violation created and existing for the sole purpose of carrying out the terms of this
part. The penalty for violation of a civil violation shall be the payment of a civil fine,
the enforceability of which shall be accomplished through civil action. The prosecution of
a civil violation created hereby shall carry reduced evidentiary requirements and burden of
proof as set out in Section 45-37A-331.05, and in no event shall an adjudication of liability
for a civil violation be punishable by a criminal fine or imprisonment. (4) COUNTY....
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45-41A-41.02
Section 45-41A-41.02 Definitions. As used in this part, the following terms shall have the
following meanings: (1) CITY. The City of Opelika, Alabama. (2) CIVIL FINE. The monetary amount
assessed by the city pursuant to this part for an adjudication of civil liability for a traffic
signal violation, including municipal court costs associated with the infraction. (3) CIVIL
VIOLATION. There is hereby created a noncriminal category of law called a civil violation
created and existing for the sole purpose of carrying out the terms of this part. The penalty
for a civil violation shall be the payment of a civil fine, the enforceability of which shall
be accomplished through civil action. The prosecution of a civil violation created hereby
shall carry reduced evidentiary requirements and burden of proof as set out in Section 45-41A-41.05,
and in no event shall an adjudication of liability for a civil violation be punishable by
a criminal fine or imprisonment. (4) OWNER. The owner of a motor...
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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-41A-41.05.htm - 6K - 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,...
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45-24A-32.02
Section 45-24A-32.02 Definitions. As used in this part, the following terms shall have the
following meanings: (1) CIRCUIT COURT or COUNTY CIRCUIT COURT. The Dallas County Circuit Court.
(2) CITY. The City of Selma, Alabama. (3) CIVIL PENALTY. The monetary amount assessed by the
city pursuant to this part for an adjudication of civil liability for a traffic signal violation,
including municipal court costs associated with the infraction. (4) CIVIL VIOLATION. There
is created a noncriminal category of state law called a civil violation created and existing
for the sole purpose of carrying out the terms of this part. The penalty for committing a
civil violation shall be the payment of a civil penalty, the enforceability of which shall
be accomplished through civil action. The prosecution of a civil violation created hereby
shall carry reduced evidentiary requirements and burden of proof as set out in Section 45-24A-32.05,
and in no event shall an adjudication of liability for a civil...
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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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35-8A-316
Section 35-8A-316 Lien for assessments. (a) The association has a lien on a unit for any assessment
and any other moneys due the association for special assessments or services or charges, such
as water or repairs, levied against that unit or fines imposed against its unit owner from
the time the assessment or fine becomes due. The association's lien may be foreclosed in like
manner as a mortgage on real estate provided the declaration is in conformity with Article
1A of Chapter 10 of this title and subject to the rights under Article 14A of Chapter 5 of
Title 6. The association shall send reasonable advance notice of its proposed action to the
unit owner and all lienholders of record of the unit. Unless the declaration otherwise provides,
fees, charges, late charges, fines, and interest charged pursuant to Section 35-8A-302(a)(10),
(11), and (12) are enforceable as assessments under this section. If an assessment is payable
in installments, the full amount of the assessment is a lien...
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