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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...
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
45-10-170.44
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-10-170.44.htm - 1K - Match Info - Similar pages
45-37A-331.39
Section 45-37A-331.39 Fees; records of adjudication of civil violation. The city may provide
by ordinance that a late fee not exceeding twenty-five dollars ($25) shall attach to untimely
paid civil fines that are authorized in this subpart. No person may be arrested or incarcerated
for nonpayment of a civil fine or late fee. No record of an adjudication of civil violation
made under this subpart shall be listed, entered, or reported on any criminal record or driving
record, whether the record is maintained by the city or an outside agency. An adjudication
of civil violation provided for in this subpart shall not be considered a conviction for any
purpose, shall not be used to increase or enhance punishment for any subsequent offense of
a criminal nature, shall not be considered a moving violation, and shall not be used by any
insurance company to determine or affect premiums or rates unless an accident occurred due
to the violation. The fact that a person is held liable or responsible...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-331.39.htm - 1K - 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
45-37A-331.33
Section 45-37A-331.33 Automated photographic speeding enforcement system authorized. (a) The
City of Midfield is empowered to utilize an automated photographic speeding enforcement system
to detect and record speeding violations, to issue notices of civil violations by mail, and
to prosecute civil violations for the recorded speeding violations which may occur within
the corporate limits of the City of Midfield as provided in this subpart. A civil fine assessed
under this subpart shall not exceed one hundred dollars ($100), and municipal court costs
may be assessed in the same manner and in the same amounts prescribed for municipal criminal
speeding violations prosecuted as a misdemeanor. An additional fee of ten dollars ($10) shall
be added to the Midfield Municipal Court costs authorized to be collected in connection with
notices issued under this subpart. Court costs collected pursuant to this subpart shall be
distributed in the same manner as prescribed by law for the distribution...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-331.33.htm - 2K - Match Info - Similar pages
45-37A-100.06
Section 45-37A-100.06 Order of administrative hearing officer; judicial review. (a) Following
an administrative hearing, the administrative hearing officer shall issue an order stating
all of the following: (1) Whether the person charged with the civil violation is liable for
the violation. (2) If the person is found to be liable, the amount of the fine assessed against
the person, along with the fees and costs provided for herein. (b) Orders issued under this
section may be filed in the office of the judge of probate in any county in Alabama, 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 administrative hearing
may challenge that finding of civil liability in the Jefferson County Circuit Court, by filing
a petition for judicial review with the Jefferson County Circuit Court. The petition for judicial
review shall be filed not later than the 14th day after...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-100.06.htm - 1K - Match Info - Similar pages
45-37A-42.06
Section 45-37A-42.06 Order of administrative hearing officer; judicial review. (a) Following
an administrative hearing, the Administrative Hearing Officer shall issue an order stating:
(1) Whether the person charged with the civil violation is liable for the violation; and (2)
If the person is found to be liable, the amount of the fine assessed against the person, along
with the fees and costs provided for herein. (b) Orders issued under this section may be filed
in the office of the judge of probate in any county in Alabama, 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 administrative hearing may challenge that
finding of civil liability in the Jefferson County Circuit Court, by filing a petition for
judicial review with the Jefferson County Circuit Court. The petition for judicial review
must be filed not later than the 14th day after the date on which...
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32-5A-194
Section 32-5A-194 Chemical tests; admissible as evidence; procedure for valid chemical analyses;
permits for individuals performing analyses; persons qualified to withdraw blood; presumptions
based on percent of alcohol in blood; refusal to submit; no liability for technician. (a)
Upon the trial of any civil, criminal, or quasi-criminal action or proceeding arising out
of acts alleged to have been committed by any person while driving or in actual control of
a vehicle while under the influence of alcohol or controlled substance, evidence of the amount
of alcohol or controlled substance in a person's blood at the alleged time, as determined
by a chemical analysis of the person's blood, urine, breath, or other bodily substance, shall
be admissible. Where such a chemical test is made the following provisions shall apply: (1)
Chemical analyses of the person's blood, urine, breath, or other bodily substance to be considered
valid under the provisions of this section shall have been...
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