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ROBERT L. EHRLICH, JR., Governor
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Ch. 13
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PRODUCED BY A SURVEILLANCE SYSTEM, SHALL. BE EVIDENCE OF THE FACTS
CONTAINED IN THE CERTIFICATE AND SHALL BE ADMISSABLE IN A PROCEEDING
ALLEGING A VIOLATION UNDER THIS SECTION.
(2) ADJUDICATION OF LIABILITY SHALL BE BASED ON A
PREPONDERANCE OF THE EVIDENCE.
(G) (1) THE DISTRICT COURT MAY CONSIDER IN DEFENSE OF A VIOLATION:
(I) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, THAT:
1. THE MOTOR VEHICLE WAS STOLEN BEFORE THE
VIOLATION OCCURRED AND WAS NOT UNDER THE CONTROL OR POSSESSION OF THE
OWNER AT THE TIME OF THE VIOLATION; OR
2. THE REGISTRATION PLATES OF THE MOTOR VEHICLE
WERE STOLEN BEFORE THE VIOLATION OCCURRED AND WERE NOT UNDER THE
CONTROL OR POSSESSION OF THE OWNER AT THE TIME OF THE VIOLATION;
(II) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION, EVIDENCE
THAT THE PERSON NAMED IN THE CITATION WAS NOT THE PERSON IN THE
SURVEILLANCE IMAGE COMMITTING THE VIOLATION OF THE STATE LITTER
CONTROL LAW OR A LOCAL LAW OR ORDINANCE RELATING TO THE UNLAWFUL
DISPOSAL OF LITTER; AND
(III) ANY OTHER ISSUES AND EVIDENCE THAT THE DISTRICT COURT
DEEMS PERTINENT.
(2) IN ORDER TO ASSERT A DEFENSE UNDER PARAGRAPH (1)(I) OF THIS
SUBSECTION, THE OWNER SHALL SUBMIT PROOF THAT A POLICE REPORT
REGARDING THE STOLEN MOTOR VEHICLE OR REGISTRATION PLATES WAS FILED IN
A TIMELY MANNER
(3) IN ORDER TO SATISFY THE EVIDENTIARY BURDEN UNDER
PARAGRAPH (1)(II) OF THIS SUBSECTION, THE PERSON NAMED EST THE CITATION
SHALL PROVIDE TO THE DISTRICT COURT EVIDENCE TO THE SATISFACTION OF THE
COURT OF THE IDENTITY OF THE PERSON IN THE SURVEILLANCE IMAGE WHO WAS
ACTUALLY COMMITTING THE VIOLATION, INCLUDING, AT A MINIMUM, THE PERSON'S
NAME AND CURRENT ADDRESS.
(4) (I) IF THE DISTRICT COURT FINDS THAT THE PERSON NAMED IN
THE CITATION DID NOT COMMIT THE VIOLATION OR RECEIVES EVIDENCE UNDER
PARAGRAPH (3) OF THIS SUBSECTION IDENTIFYING THE PERSON WHO COMMITTED
THE VIOLATION, THE CLERK OF THE COURT SHALL PROVIDE THE DEPARTMENT
WITH A COPY OF ANY EVIDENCE SUBSTANTIATING WHO WAS OPERATING THE
VEHICLE AT THE TIME OF THE VIOLATION.
(II) ON RECEIPT OF SUBSTANTIATING EVIDENCE FROM THE
DISTRICT COURT UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE DEPARTMENT
MAY ISSUE A CITATION AS PROVIDED IN SUBSECTION. (E) OF THIS SECTION TO THE
PERSON THAT THE EVIDENCE INDICATES COMMITTED THE VIOLATION.
- 77 -
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