|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2093
|
|
|
|
|
HARRY HUGHES, Governor
|
|
|
|
|
|
|
|
|
|
|
|
|
|
forth in the citation and fails to file a notice of his intent to
stand trial for the offense, a formal notice of the violation
shall be sent to the person's last known address. If the
citation has not been satisfied within 15 days from the date of
the notice, the person shall be liable for an additional fine not
to exceed twice the original fine. If after 35 days the citation
has not been satisfied, the issuing jurisdiction may request
adjudication of the case through the District Court. The
District Court shall promptly schedule the case for trial and
summon the defendant to appear. The defendant's failure to
respond to the summons shall be contempt of court.
(f) If a person is found by the District Court to have
committed a Code violation, that person shall be required to pay
a fine in an amount not to exceed $100 or in the event that the
violation is a repeat offense, $200. The person shall be liable
for the costs of the proceedings in the District Court.
(g) Adjudication of a Code violation is not a criminal
conviction for any purpose, nor does it impose any of the civil
disabilities ordinarily imposed by a criminal conviction.
(h) In any proceeding for a Code violation:
(1) The State has the burden to prove the guilt of
the defendant to the same extent as is required by law in the
trial of criminal causes, and in any such proceeding, the court
shall apply the evidentiary standards as prescribed by law or
rule for the trial of criminal causes;
(2) The court shall ensure that the defendant has
received a copy of the charges against him and that he
understands those charges. In such proceedings, the defendant is
entitled to cross-examine all witnesses who appear against him,
to produce evidence or witnesses in his own behalf, or to testify
in his own behalf, if he elects to do so;
(3) The defendant is entitled to be represented by
counsel of his own selection and at his own expense; and
(4) The defendant may enter a plea of guilty or not
guilty, and the verdict of the court in the case shall be:
(i) Guilty of a Code violation;
(ii) Not guilty of a Code violation; or
(iii) Before rendering judgment, the court may
place the defendant on probation in the same manner and to the
same extent as is permitted by law in the trial of a criminal
case.
(i) The court costs in a Code violation case in which costs
are imposed are $5. A defendant is liable for payment to the
Criminal Injury Compensation Fund.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
