S.B. 455

VETOES

(II)     SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION, EVIDENCE
THAT THE PERSON NAMED IN THE CITATION WAS NOT OPERATING THE VEHICLE AT
THE TIME OF THE VIOLATION; AND

(III)   ANY OTHER ISSUES AND EVIDENCE THAT THE DISTRICT COURT
DEEMS PERTINENT.

(2)      IN ORDER TO DEMONSTRATE THAT THE MOTOR VEHICLE OR THE
REGISTRATION PLATES WERE STOLEN BEFORE THE VIOLATION OCCURRED AND
WERE NOT UNDER THE CONTROL OR POSSESSION OF THE OWNER AT THE TIME OF
THE VIOLATION, THE OWNER SHALL SUBMIT PROOF THAT A POLICE REPORT ABOUT
THE STOLEN MOTOR VEHICLE OR REGISTRATION PLATES WAS FILED IN A TIMELY
MANNER

(3)      TO SATISFY THE EVIDENTIARY BURDEN UNDER PARAGRAPH (1)(II) OF
THIS SUBSECTION, THE PERSON NAMED IN THE CITATION SHALL PROVIDE TO THE
DISTRICT COURT A LETTER, SWORN TO OR AFFIRMED BY THE PERSON AND MAILED
BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, THAT:

(I)      STATES THAT THE PERSON NAMED IN THE CITATION WAS NOT
OPERATING THE VEHICLE AT THE TIME OF THE VIOLATION;

(II) PROVIDES THE NAME, ADDRESS, AND, IF POSSIBLE, THE
DRIVER'S LICENSE IDENTIFICATION NUMBER OF THE PERSON WHO WAS OPERATING
THE VEHICLE AT THE TIME OF THE VIOLATION; AND

(III) (II) INCLUDES ANY OTHER CORROBORATING EVIDENCE.

(4)      (I) IF THE DISTRICT COURT FINDS THAT THE PERSON NAMED IN
THE CITATION WAS NOT OPERATING THE VEHICLE AT THE TIME OF THE VIOLATION
OR RECEIVES EVIDENCE UNDER PARAGRAPH (3) OF THIS SUBSECTION IDENTIFYING
THE PERSON DRIVING THE VEHICLE AT THE TIME OF THE VIOLATION, THE CLERK OF
THE COURT SHALL PROVIDE TO THE AGENCY ISSUING THE CITATION A COPY OF ANY
EVIDENCE SUBSTANTIATING WHO WAS OPERATING THE VEHICLE AT THE TIME OF
THE VIOLATION.

(II)     UPON THE RECEIPT OF SUBSTANTIATING EVIDENCE FROM THE
DISTRICT COURT UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH, AN AGENCY MAY
ISSUE A CITATION AS PROVIDED IN SUBSECTION (D) OF THIS SECTION TO THE
PERSON WHO THE EVIDENCE INDICATES WAS OPERATING THE VEHICLE AT THE
TIME OF THE VIOLATION.

(III)   A CITATION ISSUED UNDER SUBPARAGRAPH (II) OF THIS
PARAGRAPH SHALL BE MAILED NO LATER THAN 2 WEEKS AFTER RECEIPT OF THE
EVIDENCE FROM THE DISTRICT COURT.

(G) IF THE CIVIL PENALTY IS NOT PAID AND THE VIOLATION IS NOT
CONTESTED, THE ADMINISTRATION MAY REFUSE TO REGISTER OR REREGISTER OR
MAY SUSPEND THE REGISTRATION OF THE MOTOR VEHICLE.

(H) A VIOLATION FOR WHICH A CIVIL PENALTY IS IMPOSED UNDER THIS
SECTION:

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