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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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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45-37A-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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