291D-8

Hearings

§291D-8 Hearings. (a) In proceedings to contest a notice of traffic infraction where the person to whom the notice was issued has timely requested a hearing and appears at such hearing:

(1) In lieu of the personal appearance by the officer who issued the notice of traffic infraction, the court shall consider the notice of traffic infraction and any other written report made by the officer, if provided to the court by the officer, together with any oral or written statement by the person to whom the notice of infraction was issued, or in the case of traffic infractions involving parking or equipment, the operator or registered owner of the motor vehicle;

(2) The court may compel by subpoena the attendance of the officer who issued the notice of traffic infraction and other witnesses from whom it may wish to hear;

(3) The standard of proof to be applied by the court shall be whether, by a preponderance of the evidence, the court finds that the traffic infraction was committed; and

(4) After due consideration of the evidence and arguments, if any, the court shall determine whether commission of the traffic infraction has been established. Where the commission of the traffic infraction has not been established, judgment in favor of the defendant, dismissing the notice of traffic infraction or any count therein with prejudice, shall be entered in the record. Where it has been established that the traffic infraction was committed, the court shall enter judgment in favor of the State and shall assess a monetary assessment pursuant to section 291D-9, together with any fees, surcharges, or costs. The court also shall inform the person of the right to request a trial pursuant to section 291D-13. If the person requests a trial at the time of the hearing, the court shall provide the person with the trial date as soon as practicable.

(b) In proceedings to explain mitigating circumstances where the person to whom the notice of traffic infraction was issued has timely requested a hearing and appears at such hearing:

(1) The procedure shall be limited to the issue of mitigating circumstances. A person who requests to explain the circumstances shall not be permitted to contest the notice of traffic infraction;

(2) After the court has received the explanation, the court shall enter judgment in favor of the State and may assess a monetary assessment pursuant to section 291D-9, together with any fees, surcharges, or costs;

(3) The court, after receiving the explanation, may vacate the admission and enter judgment in favor of the defendant, dismissing the notice of traffic infraction or any count therein with prejudice, where the explanation establishes that the infraction was not committed; and

(4) There shall be no appeal from the judgment.

© If a person for whom a hearing has been scheduled, to contest the notice of traffic infraction or to explain mitigating circumstances, fails to appear at the hearing, the court shall enter judgment by default for the State and take action as provided in section 291D-7(e). If the total amount of the monetary assessment, fees, surcharges, or costs is not paid within thirty days of entry of default judgment, the court shall take action as provided in section 291D-10. [L 1993, c 214, pt of §2; am L 1997, c 60, §11; am L 2007, c 85, §7]

Rules of Court

Hearings, see HCTR rules 11, 14; subpoenas, see HCTR rule 13.

Default judgments, see HCTR rule 15; motion to set aside, see HCTR rule 18(b).