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....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-331.02.htm - 4K - 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
45-41A-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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-41A-41.02.htm - 3K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-24A-32.02.htm - 3K - Match Info - Similar pages
45-37A-42.05
Section 45-37A-42.05 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 part. (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 U.S. 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 part shall not be collected if, after a hearing, the Administrative Hearing Officer...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-42.05.htm - 7K - Match Info - Similar pages
12-14-91
Section 12-14-91 Admittance into program; completion of program; eligibility; liability under program. (a) A person charged with a criminal offense under the jurisdiction of the municipal court in a municipality that has established a pretrial diversion program may apply to the court for admittance to the program. (b) Upon receipt of the application and recommendation of the municipal prosecutor, the judge shall determine whether to grant the individual admittance to the program. (c) Upon admittance to the program, the individual shall be required to enter a plea of guilty at which time the case shall be placed in an administrative docket until such time as the offender has completed all requirements of the pretrial diversion program. Imposition of any sentence shall be deferred until such time as the offender completes the pretrial diversion program or is terminated from the program. (d) In the event the offender does not satisfactorily complete the program and all terms thereof, the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-14-91.htm - 2K - Match Info - Similar pages
8-6-19
Section 8-6-19 Civil liabilities of sellers, agents, etc.; remedies of purchasers. (a) Any person who: (1) Sells or offers to sell a security in violation of any provision of this article or of any rule or order imposed under this article or of any condition imposed under this article, or (2) Sells or offers to sell a security by means of any untrue statement of a material fact or any omission to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading, the buyer not knowing of the untruth or omission, and who does not sustain the burden of proof that he did not know and in the exercise of reasonable care could not have known of the untruth or omission, is liable to the person buying the security from him who may bring an action to recover the consideration paid for the security, together with interest at six percent per year from the date of payment, court costs and reasonable attorneys' fees,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-6-19.htm - 8K - 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
13A-11-290
Section 13A-11-290 Leaving child or incapacitated person unattended in motor vehicle prohibited. (a) This section shall be known and cited as the Amiyah White Act. (b) For the purposes of this section, the term motor vehicle shall mean any motor vehicle as defined in Section 32-1-1.1, and the term incapacitated person shall mean any incapacitated person as defined in Section 26-2A-20. (c)(1) A licensed day care center, a licensed child care facility, a program providing day care service to incapacitated persons, or any other child care service that is exempt from licensing pursuant to Section 38-7-3, or an employee thereof, or a person for hire responsible for a child under the age of 7 or an incapacitated person, shall not leave a child or an incapacitated person in a motor vehicle unattended in a manner that creates an unreasonable risk of injury or harm. (2) A person violating this section shall be punished by a fine of not less than two thousand dollars ($2,000). If a person has a...
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33-5-75
Section 33-5-75 Authority of Commissioner of Conservation and Natural Resources to cancel certification or to suspend or revoke privilege of operating vessel; procedures. (a) The Commissioner of Conservation and Natural Resources may cancel any boater safety certification upon determining that the holder of the certification was not entitled to the issuance or that the holder failed to give the correct or required information in the application for certification. Upon cancellation the holder shall surrender the certification cancelled and any duplicate. A holder who refuses to surrender the certification and any duplicate shall be guilty of a Class C misdemeanor, punishable upon conviction as provided in Sections 13A-5-7 and 13A-5-12. (b) The privilege of operating a vessel on the waters of this state, as defined in Section 33-5-3, shall be subject to suspension or revocation by the commissioner in like manner and for like cause as a boater safety certification may be suspended or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/33-5-75.htm - 10K - Match Info - Similar pages
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