§ 31-40-5. Show cause order — Service — Procedure where conviction denied.
(a) The court in which the complaint is filed shall enter an order, which incorporates
the habitual offender transcript or abstract and is directed to the person named in
it, to show cause why he or she should not be barred from operating a motor vehicle
on the highways of this state. A copy of the show cause order and the transcript or
abstract shall be served on the person named in it in the manner prescribed by law
for the service of a complaint. Service on any nonresident of this state may be made
on the administrator of the division of motor vehicles in the same m
Free access — add to your briefcase to read the full text and ask questions with AI
§ 31-40-5. Show cause order — Service — Procedure where conviction denied.
(a) The court in which the complaint is filed shall enter an order, which incorporates
the habitual offender transcript or abstract and is directed to the person named in
it, to show cause why he or she should not be barred from operating a motor vehicle
on the highways of this state. A copy of the show cause order and the transcript or
abstract shall be served on the person named in it in the manner prescribed by law
for the service of a complaint. Service on any nonresident of this state may be made
on the administrator of the division of motor vehicles in the same manner as in any
action or proceeding arising out of a collision on the highways of this state.
(b) If the person denies having been convicted, or in the case of a juvenile denies that
he or she was found delinquent or wayward, of any offense necessary for a holding
that he or she is an habitual offender, and if the court cannot, on the evidence available
to it, make the determination, the court may certify the decision of the issue to
the court in which the conviction or finding of delinquency or waywardness was made.
The court to which the certification is made shall immediately conduct a hearing to
determine the issue and send a certified copy of its final order determining the issue
to the court in which the complaint was filed.