§291D-5  Notice of traffic infraction; form;determination final unless contested.  (a)  The notice of trafficinfraction for moving violations shall include the summons for the purposes ofthis chapter.  Whenever a notice of traffic infraction is issued to the driverof a motor vehicle, the driver's signature, driver's license number, andcurrent address shall be noted on the notice.  If the driver refuses to signthe notice of traffic infraction, the officer shall record this refusal on thenotice and issue the notice to the driver.  Individuals to whom a notice oftraffic infraction is issued under this chapter need not be arraigned beforethe court, unless required by rule of the supreme court.

(b)  The form for the notice of trafficinfraction shall be prescribed by rules of the district court which shall beuniform throughout the State; provided that each judicial circuit may includediffering statutory, rule, or ordinance provisions on its respective notice oftraffic infraction.

(c)  A notice of traffic infraction that isgenerated by the use of electronic equipment or that bears the electronicallystored image of any person's signature, or both, shall be valid under thischapter.

(d)  The notice of traffic infraction shallinclude the following:

(1)  A statement of the specific traffic infractionfor which the notice was issued;

(2)  Except in the case of parking-related trafficinfractions, a brief statement of the facts;

(3)  A statement of the total amount to be paid foreach traffic infraction, which amount shall include any fee, surcharge, or costrequired by statute, ordinance, or rule, and any monetary assessment,established for the particular traffic infraction pursuant to section 291D-9,to be paid by the driver or registered owner of the vehicle, which shall beuniform throughout the State;

(4)  A statement of the options provided in section291D-6(b) for answering the notice and the procedures necessary to exercise theoptions;

(5)  A statement that the person to whom the notice isissued must answer, choosing one of the options specified in section 291D-6(b),within twenty-one days of issuance of the notice;

(6)  A statement that failure to answer the notice oftraffic infraction within twenty-one days of issuance shall result in the entryof judgment by default for the State and may result in the assessment of a latepenalty, and, that if the person to whom the notice was issued fails to pay thetotal amount specified in the default judgment within an additional thirty daysor to otherwise take action to set aside the default, notice shall be sent tothe director of finance of the appropriate county:

(A)  That the person to whom the notice ofinfraction not involving parking was issued shall not be permitted to renew orobtain a driver's license; or

(B)  Where the notice was issued to a motorvehicle, that the registered owner shall not be permitted to register, renewthe registration of, or transfer title to the motor vehicle until the trafficinfraction is finally disposed of pursuant to this chapter, except as providedin section 291D-10(b);

(7)  A statement that, at a hearing requested tocontest the notice of traffic infraction conducted pursuant to section 291D-8,no officer shall be present unless the driver timely requests the court to havethe officer present, and that the standard of proof to be applied by the courtis whether a preponderance of the evidence proves that the specified trafficinfraction was committed;

(8)  A statement that, at a hearing requested for thepurpose of explaining mitigating circumstances surrounding the commission ofthe infraction or in consideration of a written request for mitigation, theperson shall be considered to have committed the traffic infraction;

(9)  A space in which the signature of the person towhom the notice was issued may be affixed; and

(10)  The date, time, and place at which the person towhom the notice was issued must appear in court, if the person is required bythe notice to appear in person at the hearing.

(e)  In the case of traffic infractionsinvolving parking or equipment, where the motor vehicle is found parked orstopped without a driver, the notice shall be affixed conspicuously to thevehicle as provided in section 291C-167 and shall include the informationrequired by paragraphs (1) and (3) to (9) of subsection (d). [L 1993, c 214, ptof §2; am L 1997, c 60, §9; am L 2005, c 48, §2; am L 2007, c 85, §4]

 

Rules of Court

 

  Notice, see HCTR rule 9.