|
45-37A-100.14
Section 45-37A-100.14 Civil action against person operating vehicle. Any person against whom
a determination of liability for a civil violation is made pursuant to an ordinance authorized
by this article, and who actually pays the fine imposed thereby shall have a cause of action
against any person who may be shown to have been operating the vehicle recorded at the time
of the violation for the amount of the fine actually paid plus any consequential or compensatory
damages and a reasonable attorney fee, without regard to the rules regarding joint and several
liability, contribution, or indemnity provided, however, that as a condition precedent to
the bringing of a civil action, that the person held responsible for payment of a fine shall
first make written demand on the other person for reimbursement of the fine, giving a minimum
of 60 days to remit payment, and if reimbursement is fully made within the 60-day period then
the cause of action shall be extinguished and no attorney fees...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-100.14.htm - 1K - Match Info - Similar pages
45-37A-42.14
Section 45-37A-42.14 Civil action against person operating vehicle. Any person against whom
a determination of liability for a civil violation is made pursuant to an ordinance authorized
by this part, and who actually pays the fine imposed thereby shall have a cause of action
against any person who may be shown to have been operating the vehicle recorded at the time
of the violation for the amount of the fine actually paid plus any consequential or compensatory
damages and a reasonable attorney fee, without regard to the rules regarding joint and several
liability, contribution, or indemnity provided, however, that as a condition precedent to
the bringing of a civil action, that the person held responsible for payment of a fine must
first make written demand on the other person for reimbursement of the fine, giving a minimum
of 60 days to remit payment, and if reimbursement is fully made within the 60-day period then
the cause of action shall be extinguished and no attorney fees or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-42.14.htm - 1K - Match Info - Similar pages
45-37A-331.13
Section 45-37A-331.13 Civil action against person operating vehicle. Any person against whom
an adjudication of liability for a civil violation is made under this part, or the ordinance
passed pursuant hereto, and who actually pays the civil fine imposed thereby shall have a
cause of action against any person who may be shown to have been operating the vehicle recorded
at the time of the violation for the amount of the civil fine actually paid plus any consequential
or compensatory damages and a reasonable attorney fee, without regard to the rules regarding
joint and several liability, contribution, or indemnity. Provided, however, that as a condition
precedent to the bringing of a civil action, that the person held responsible for payment
of the civil fine shall first make written demand on the other person for reimbursement of
the civil fine, giving a minimum of 60 days to remit payment, and if reimbursement is fully
made within the 60-day period then the cause of action shall be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-331.13.htm - 1K - Match Info - Similar pages
45-41A-41.13
Section 45-41A-41.13 Civil action against person operating vehicle. Any person against whom
an adjudication of liability for a civil violation is made under this part, or the ordinance
passed pursuant hereto, and who actually pays the civil fine imposed thereby shall have a
cause of action against any person who may be shown to have been operating a vehicle recorded
at the time of the violation for the amount of the civil fine actually paid plus any consequential
or compensatory damages and a reasonable attorney fee, without regard to the rules regarding
joint and several liability, contribution, or indemnity. Provided, however, that as a condition
precedent to the bringing of a civil action, that the person held responsible for payment
of a civil fine shall first make written demand on the other person for reimbursement of the
civil fine, giving a minimum of 60 days to remit payment, and if reimbursement is fully made
within the 60-day period then the cause of action shall be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-41A-41.13.htm - 1K - Match Info - Similar pages
22-14-14
Section 22-14-14 Penalty for violation of article or rules, regulations or orders; notice of
possible liability for civil penalty; civil action by Attorney General; considerations affecting
amount of civil penalty; maximum penalty on small businesses; payment of penalty. (a) Any
person who willfully violates any of the provisions of this article or rules, regulations
or orders of the agency in effect pursuant thereto shall, upon conviction thereof, be punished
by a fine not exceeding $1,000.00, or by imprisonment in the county jail or by a sentence
to hard labor for the county not exceeding 12 months, or by both fine and imprisonment or
hard labor. (b) Any person who (1) Violates any licensing provision of Section 22-14-4 or
Section 22-14-6 or any rule, regulation, or order issued thereunder, or any term, condition,
or limitation of any license issued thereunder, or (2) Commits any violation for which a license
may be revoked under Section 22-14-11, shall be subject to a civil penalty...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-14-14.htm - 4K - 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
15-27-1
Section 15-27-1 Petition to expunge records - Misdemeanor criminal offense, traffic violation,
municipal ordinance violation. (a) A person who has been charged with a misdemeanor criminal
offense, a violation, a traffic violation, or a municipal ordinance violation may file a petition
in the criminal division of the circuit court in the county in which the charges were filed,
to expunge records relating to the charge in any of the following circumstances: (1) When
the charge is dismissed with prejudice. (2) When the charge has been no billed by a grand
jury. (3) When the person has been found not guilty of the charge. (4) When the charge was
dismissed without prejudice more than two years ago, has not been refiled, and the person
has not been convicted of any other felony or misdemeanor crime, any violation, or any traffic
violation, excluding minor traffic violations, during the previous two years. (5) When the
person proves by a preponderance of the evidence that the person is a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-27-1.htm - 1K - Match Info - Similar pages
45-37A-331.41
Section 45-37A-331.41 Violations of state statutes. No civil penalty may be imposed and no
adjudication of liability for a civil violation may be made under this subpart if the operator
of the vehicle was arrested or was issued a citation and notice to appear by a sworn police
officer for a criminal violation of any portion of Title 32, Chapter 5A, Article 8, including,
but not limited to, Sections 32-5A-170 to 32-5A-178, inclusive, or any other municipal ordinance
which embraces and incorporates the statutes contained in that article, and which occurred
simultaneously with and under the same set of circumstances which were recorded by the automated
photographic speeding enforcement system. (Act 2014-426, p. 1563, ยง12.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-331.41.htm - 1K - Match Info - Similar pages
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,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-42.07.htm - 1K - Match Info - Similar pages
45-37A-100.07
Section 45-37A-100.07 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 all of 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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-100.07.htm - 1K - Match Info - Similar pages
|