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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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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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45-24A-32.06
Section 45-24A-32.06 Order of municipal court; appeal. (a) Following an adjudicative hearing,
the municipal court judge shall issue an order stating: (1) Whether the person charged with
the civil violation is liable for the violation; and (2) If so, the amount of the civil penalty
assessed against the person, along with the fees and costs of court provided for herein. (b)
The orders issued under this section may be filed in the office of the Judge of Probate of
Dallas County, and shall operate as a judicial lien in the same manner and with the same weight
and effect as any other civil judgment filed therein. (c) A person who is found liable after
an adjudicative hearing may appeal that finding of civil liability to the circuit court, by
filing a notice of appeal with the clerk of the municipal court. The notice of appeal must
be filed not later than the 14th day after the date on which the municipal court judge entered
the finding of civil liability. The filing of a notice of appeal...
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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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45-37A-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...
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45-21A-10.01
Section 45-21A-10.01 Definitions. As used in this article, the following terms shall have the
following meanings: (1) CITY. The City of Brantley, Alabama. (2) CIVIL FINE. The monetary
amount assessed by the City of Brantley pursuant to this article for an adjudication of civil
liability for a speeding violation, including municipal court costs associated with the infraction.
(3) CIVIL VIOLATION. There is hereby created a non-criminal category of law called a civil
violation created and existing for the sole purpose of carrying out the terms of this article.
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 45-21A-10.04, and in no event shall an adjudication of liability for a civil violation
be punishable by a criminal fine or imprisonment. (4)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-21A-10.01.htm - 3K - 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
23-2-170
Section 23-2-170 Civil liability for toll violations. (a) The authority, department, private
toll entity, or an agent or representative thereof may file a civil suit in the municipal
court of the city in which the violation has occurred or district court of the county in which
the violation occurred to collect the toll and all applicable fees after a citation has been
issued and the required time period for response has elapsed, without the payment of filing
fees. The action shall be governed by the Alabama Rules of Civil Procedure except as otherwise
set out in this article. (b) Actions brought pursuant to this article shall be commenced within
six years. (c) Imposition of liability pursuant to this section shall be based upon a preponderance
of evidence submitted. (d) Adjudication of liability shall not be made a part of the driving
record of the person upon whom liability is imposed, nor shall it be considered in any manner
for insurance purposes in the provision of motor vehicle...
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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-24A-32.02.htm - 3K - Match Info - Similar pages
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