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



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



(c)  A notice of traffic infraction that is
generated by the use of electronic equipment or that bears the electronically
stored image of any person's signature, or both, shall be valid under this
chapter.



(d)  The notice of traffic infraction shall
include the following:



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



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



(3)  A statement of the total amount to be paid for
each traffic infraction, which amount shall include any fee, surcharge, or cost
required 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 be
uniform throughout the State;



(4)  A statement of the options provided in section
291D-6(b) for answering the notice and the procedures necessary to exercise the
options;



(5)  A statement that the person to whom the notice is
issued 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 of
traffic infraction within twenty-one days of issuance shall result in the entry
of judgment by default for the State and may result in the assessment of a late
penalty, and, that if the person to whom the notice was issued fails to pay the
total amount specified in the default judgment within an additional thirty days
or to otherwise take action to set aside the default, notice shall be sent to
the director of finance of the appropriate county:



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



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



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



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



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



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



(e)  In the case of traffic infractions
involving parking or equipment, where the motor vehicle is found parked or
stopped without a driver, the notice shall be affixed conspicuously to the
vehicle as provided in section 291C-167 and shall include the information
required by paragraphs (1) and (3) to (9) of subsection (d). [L 1993, c 214, pt
of §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.