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
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
45-49-101.07
Section 45-49-101.07 Contesting notice of violation; procedures. (a) No person shall be responsible for payment of a civil fine for a notice of violation issued under this part if the operator of the vehicle that is the subject of the notice of violation is adjudicated to have not committed a violation or there is otherwise a lawful determination that no civil penalty may be imposed. Any person receiving a notice of violation pursuant to this part, in accordance with the procedure set out in this part and on the notice of violation, may contest the notice of violation by obtaining a hearing in the court. (b) District and municipal courts of Mobile County are hereby vested with the power and jurisdiction to adjudicate a notice of violation issued pursuant to this part as a civil offense whenever the offense is alleged to have occurred within the geographic jurisdiction of the court. (c) The following procedures shall apply to proceedings to contest a notice of violation issued pursuant...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49-101.07.htm - 4K - Match Info - Similar pages
45-21A-10.06
Section 45-21A-10.06 Appellate procedures. 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 fine, 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 not to 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 for...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-21A-10.06.htm - 1K - Match Info - Similar pages
45-37A-331.07
Section 45-37A-331.07 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 fine, 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 for...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-331.07.htm - 1K - Match Info - Similar pages
45-37A-331.37
Section 45-37A-331.37 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 fine, 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 not to 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 for...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-331.37.htm - 1K - Match Info - Similar pages
45-41A-41.07
Section 45-41A-41.07 Appellate review. 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 fine, 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 for criminal...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-41A-41.07.htm - 1K - Match Info - Similar pages
45-49-101.04
Section 45-49-101.04 Notice of violation; destruction of images and information. (a) After review of the violation by law enforcement, any county or municipal governing body or law enforcement office located in Mobile County operating an electronic device 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. If 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 images or video of the vehicle and vehicle license...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49-101.04.htm - 3K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-24A-32.07.htm - 1K - Match Info - Similar pages
16-27A-7
Section 16-27A-7 Contesting a notice of violation; adjudication. (a) No person shall be responsible for payment of a civil fine for a notice of violation issued under this chapter if the operator of the vehicle that is the subject of the notice of violation is adjudicated to have not committed a violation or there is otherwise a lawful determination that no civil penalty may be imposed. Any person receiving a notice of violation pursuant to this chapter, in accordance with the procedure set out in this chapter and on the notice of violation, may contest the notice of violation by obtaining a hearing in the court. (b) District and municipal courts of this state are vested with the power and jurisdiction to adjudicate a notice of violation issued pursuant to this chapter as a civil offense whenever the offense is alleged to have occurred within the geographic jurisdiction of the court. (c) The following procedures shall apply to proceedings to contest a notice of violation issued...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/16-27A-7.htm - 4K - Match Info - Similar pages
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