This text of Alabama § 45-37-210.24 (Power and Jurisdiction of District Court; Hearing; Liability) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)The district court is vested with the power and jurisdiction to hear and adjudicate the civil violations provided for in this part, and to issue orders imposing any civil penalty authorized by the county commission, and to order the towing and impoundment of a motor vehicle in violation of this part.
(b)A person who receives a notice of violation may contest the imposition of the civil penalty or the towing and impoundment of the motor vehicle by submitting a request for a hearing on the adjudication 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 county commission shall notify the person of the date and time of the adjudicative hearing.
(c)Failure to pay a civil penalty or to c
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(a) The district court is vested with the power and jurisdiction to hear and adjudicate the civil violations provided for in this part, and to issue orders imposing any civil penalty authorized by the county commission, and to order the towing and impoundment of a motor vehicle in violation of this part.
(b) A person who receives a notice of violation may contest the imposition of the civil penalty or the towing and impoundment of the motor vehicle by submitting a request for a hearing on the adjudication 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 county commission shall notify the person of the date and time of the adjudicative hearing.
(c) Failure to pay a civil penalty or to contest liability as provided in the notice of violation.
(d) The civil penalty and court costs shall not be assessed if, after a hearing, the court enters a finding of no liability. In addition, the person shall not be required to pay any costs or fees or the cost of towing or impoundment of the motor vehicle.
(e) If an adjudicative hearing is requested, the county commission shall have the burden of proving the violation by a preponderance of the evidence. The reliability of a photographic traffic signal enforcement system used to produce the recorded image of the violation may be attested to by affidavit of a trained technician. An affidavit of a trained technician that alleges a violation based on an inspection of the pertinent recorded image is admissible in a proceeding under this part and is evidence of the facts contained in the affidavit.
(f) The notice of violation, the recorded and reproduced images of the traffic signal violation, regardless of the media on which they are recorded, accompanied by a certification of authenticity of a trained technician, and evidence of ownership of a vehicle as shown by copies or summaries of official records shall be admissible into evidence without foundation unless the court finds there is an indication of untrustworthiness, in which case the county commission shall be given a reasonable opportunity to lay an evidentiary foundation.
(g) All other matters of evidence and procedure not specifically addressed in this part shall be subject to the rules of evidence and the rules of procedure as they apply in the small claims courts of this state, except that on any appeal to the circuit court for trial de novo the evidence and procedures shall be as for any civil case in the circuit court except as otherwise provided in this part.
(h) A person who is found liable for the civil violation after an adjudicative hearing or who requests an adjudicative hearing and thereafter fails to appear at the time and place of the hearing is liable for court costs and fees set out herein in addition to the amount of the civil penalty assessed for the violation. A person who is found liable for a civil violation after an adjudicative hearing shall pay any civil penalty and court costs assessed by the court within 10 days of the hearing.
(i) Whenever payment of a civil penalty is owed to the county commission, the amount of the civil penalty as set by resolution may not be increased, decreased, or remitted by the court, and the liability may be satisfied only by payment.