§ 45-37A-42.07 — Petition for Judicial Review

Alabama § 45-37A-42.07

• Jurisdiction: Alabama
• Title 45: Local Laws
• Ch. 37A: Jefferson County Municipalities
• Art. 4: Bessemer
• Part 3: Photographic Traffic Enforcement

Text

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, the circuit court may assign case numbers as for criminal appeals or civil appeals and place the appeals on criminal dockets in the same manner as criminal appeals from the Jefferson County District Court or on civil dockets in the same manner as civil appeals from the Jefferson County District Court.
(4) The circuit court shall sit as trier of both fact and law in the civil proceedings in the circuit court.
(5) The city shall be responsible for providing an attorney to represent the city in the circuit court proceedings.

Legislative History

(Act 2016-323, §8.)