§ 8-8.2-3. Collection authority — Contempt.
(a) A judge or magistrate shall have the authority to enforce the judgments of the tribunal
as authorized by law. The procedure for the collection of costs and fines shall generally
follow the course of the collection of civil judgments pursuant to chapters 17 and
28 of title 9 to the extent applicable. A judge or magistrate shall not issue a body
attachment for any judgment entered prior to the effective date of this section. All
peace officers authorized by the law shall exercise the powers of a constable for
purposes of making service of any writ or notice issued by the traffic tribunal pursuant
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§ 8-8.2-3. Collection authority — Contempt.
(a) A judge or magistrate shall have the authority to enforce the judgments of the tribunal
as authorized by law. The procedure for the collection of costs and fines shall generally
follow the course of the collection of civil judgments pursuant to chapters 17 and
28 of title 9 to the extent applicable. A judge or magistrate shall not issue a body
attachment for any judgment entered prior to the effective date of this section. All
peace officers authorized by the law shall exercise the powers of a constable for
purposes of making service of any writ or notice issued by the traffic tribunal pursuant
to this collection procedure, including the execution of a body attachment. In the
event that a body attachment is executed, the detainee must be brought before a judge
or magistrate, or if the traffic tribunal is not in session before a justice of the
peace authorized pursuant to § 12-10-2 immediately upon detention or as soon thereafter as is reasonably practicable. The
amount of fees and fines due to the traffic tribunal shall be noted on a body attachment
issued pursuant to this procedure, and a justice of the peace shall accept said monies
and order the release of the detainee if the amount due is tendered. If the detainee
claims an inability to pay the full amount due, the justice of the peace shall order
the release of the detainee pursuant to reasonable bail. The chief magistrate of the
traffic tribunal shall issue rules and regulations for the collection process consistent
with this section.
(b) A judge or magistrate of the traffic tribunal may adjudicate a person in willful contempt
and order him or her fined up to a maximum of five hundred dollars ($500) for each
separate offense. Provided further that, if the judge or magistrate determines that
the person is unable to pay the fine or judgment, he or she may order partial payments
or establish a payment schedule for the payment of the fine or judgment.