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Session Laws, 1986
Volume 768, Page 3081   View pdf image
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HARRY HUGHES, Governor

3081

[(vi)] 7. The person's right to elect to stand
trial for the infraction; AND

8. THE EFFECT OF FAILING TO PAY THE
ASSESSED FINE OR DEMAND A TRIAL WITHIN THE PRESCRIBED TIME.

(3)  A fine not to exceed [$100] $500 $400 may be
imposed for each conviction of a municipal infraction. The fine
is payable by the recipient of the citation to the municipality
within 20 calendar days of receipt of the citation. Repeat
offenders may be assessed a fine not to exceed [$200] $1,000 for
each SEPARATE AND repeat offense. A FINE DOUBLED UNDER SUBSECTION
(B)(5) OF THIS SECTION MAY NOT EXCEED $1,000.

(4)  A person receiving the citation for a municipal
infraction may elect to stand trial for the offense by notifying
the municipality of his intention of standing trial. The notice
shall be given at least 5 days prior to the date of payment as
set forth in the citation. Upon receipt of the notice of the
intention to stand trial, the municipality shall forward to the
District Court having venue a copy of the notice from the person
who received the citation indicating his intention to stand
trial. Upon receipt of the citation, the District Court shall
schedule the case for trial and notify the defendant of the trial
date. All fines, penalties, or forfeitures collected by the
District Court for violations of municipal infractions shall be
remitted to the municipal government.

(5)  If a person receiving a citation for an
infraction fails to pay the fine for the infraction by the date
of payment set forth on the citation and fails to file a notice
of his intention to stand trial for the offense, [a formal notice
of the infraction shall be sent to the owner's last known
address. If the citation has not been satisfied within 15 days
from the date of the notice, he 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] THE PERSON IS LIABLE FOR
THE ASSESSED FINE. THE municipality may DOUBLE THE FINE TO AN
AMOUNT NOT TO EXCEED $400 AND request adjudication of the case
through the District Court, INCLUDING THE FILING OF A DEMAND FOR
JUDGMENT ON AFFIDAVIT. The District Court shall [thereupon]
promptly schedule the case for trial and summons the defendant to
appear. The defendant's failure to respond to such summons shall
[be contempt of court] RESULT IN THE ENTRY OF JUDGMENT AGAINST
THE DEFENDANT IN FAVOR OF THE MUNICIPALITY IN THE AMOUNT THEN DUE
IF A PROPER DEMAND FOR JUDGMENT ON AFFIDAVIT HAS BEEN FILED.

(6)  If any person shall be found by the District
Court to have committed a municipal infraction[, he]:

(I) THE PERSON shall be required to pay [a fine
in an amount not to exceed $100 or in the event that the
infraction is a repeat offense, $200. He] THE FINE DETERMINED BY
THE DISTRICT COURT, NOT TO EXCEED THE LIMITS UNDER PARAGRAPH (3)
OF THIS SUBSECTION;

 

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Session Laws, 1986
Volume 768, Page 3081   View pdf image
 Jump to  
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