Title 01 General Provisions
Chapter 01.05 Civil Infraction System
Section 01.05.100 Procedure at Contested Hearing
- Generally.
The court shall conduct the hearing for contesting the notice of infraction on the record in accordance with applicable law.
- Representation by Lawyer.
At a contested hearing, the plaintiff shall be represented by a lawyer representative of the prosecuting authority when prescribed by local court rule. The defendant may be represented by a lawyer.
- Rule of Evidence.
The rules of evidence shall apply to contested hearings.
- Factual Determination.
The court shall determine whether the plaintiff has proved by a preponderance of the evidence that the defendant committed the infraction. If the court finds that the infraction was committed, it shall enter an appropriate order on its records. If the court finds the infraction was not committed, it shall enter an order dismissing the case.
- Disposition.
If the court determines that the infraction has been committed, it may assess a monetary penalty against the defendant. The monetary penalty assessed may not exceed the monetary penalty provided for the infraction by law. The court may waive or suspend a portion of the monetary penalty, or provide for time payments, or in lieu of monetary penalty provide for the performance of community service as provided by law. The court has continuing jurisdiction and authority to supervise disposition for not more than one year.
Date Passed: Monday, January 22, 2007
Effective Date: Sunday, March 4, 2007
Recodification ORD C33969 Section 1
