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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
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
45-37A-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
45-41A-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
45-41A-41.09
Section 45-41A-41.09 Late fees; record of civil violations. The city may provide by ordinance
that late fees not exceeding twenty-five dollars ($25) per month for each month after the
issuance of the order imposing the civil fine shall attach to untimely paid civil fines that
are authorized in this part. 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 part
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 part 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. The fact that a person is held liable or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-41A-41.09.htm - 1K - Match Info - Similar pages
45-49-101.10
Section 45-49-101.10 Civil violations under part. (a) A civil violation of this part may not
result in any punishment of a criminal nature, may not count as points and may not be entered
into any person's official driving history, may not be considered a criminal conviction for
any purpose, may not be used to increase or enhance punishment for a subsequent offense of
a civil or criminal nature, and may not be considered a moving violation, and no person may
be arrested or incarcerated for nonpayment of a civil fine. (b) The fact that a person is
held liable or responsible for a civil fine for a violation may not be used as evidence that
the person was guilty of negligence or other culpable conduct, but this fact may not preclude
evidence generated by a device from being used as evidence in other proceedings. (Act 2015-330,
ยง 12.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49-101.10.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...
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45-37A-100.02
Section 45-37A-100.02 Definitions. As used in this article, the following terms shall have
the following meanings: (1) CITY. The City of Center Point, Alabama. (2) CIVIL VIOLATION.
A violation of the ordinance authorized by this article, the penalty for which violation shall
be the payment of a fine, the enforcement of which will not be otherwise permissible. (3)
FINE. The monetary amount assessed by the City of Center Point pursuant to the ordinance authorized
by this article for a determination of civil liability for a traffic signal violation, stop
sign violation, or speeding violation, which may include administrative hearing costs associated
with the infraction. (4) OWNER. The owner of a motor vehicle as shown on the motor vehicle
registration records of the Alabama Department of Revenue or the analogous department or agency
of another state or nation. The term shall not include motor vehicles displaying dealer license
plates, in which event owner shall mean the person to whom the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-100.02.htm - 5K - Match Info - Similar pages
45-37A-42.09
Section 45-37A-42.09 Late fees; record of civil violations. The city may provide by ordinance
that late fees not exceeding twenty-five dollars ($25) shall attach to untimely paid fines
that are authorized pursuant this part and imposed pursuant hereto. No person may be arrested
or incarcerated for nonpayment of a fine or late fee. No record of an adjudication of civil
violation made under this part 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 part 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, and shall not be considered a moving violation. The fact that a person
is held liable or responsible for a fine for a traffic signal violation, stop sign violation,
or speeding violation shall not be used as evidence that the person...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-42.09.htm - 1K - Match Info - Similar pages
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