§291D-8  Hearings.  (a)  Inproceedings to contest a notice of traffic infraction where the person to whomthe notice was issued has timely requested a hearing and appears at suchhearing:

(1)  In lieu of the personal appearance by the officerwho issued the notice of traffic infraction, the court shall consider thenotice of traffic infraction and any other written report made by the officer,if provided to the court by the officer, together with any oral or writtenstatement by the person to whom the notice of infraction was issued, or in thecase of traffic infractions involving parking or equipment, the operator orregistered owner of the motor vehicle;

(2)  The court may compel by subpoena the attendanceof the officer who issued the notice of traffic infraction and other witnessesfrom whom it may wish to hear;

(3)  The standard of proof to be applied by the courtshall be whether, by a preponderance of the evidence, the court finds that thetraffic infraction was committed; and

(4)  After due consideration of the evidence andarguments, if any, the court shall determine whether commission of the trafficinfraction has been established.  Where the commission of the trafficinfraction has not been established, judgment in favor of the defendant, dismissingthe notice of traffic infraction or any count therein with prejudice, shall beentered in the record.  Where it has been established that the trafficinfraction was committed, the court shall enter judgment in favor of the Stateand shall assess a monetary assessment pursuant to section 291D-9, togetherwith any fees, surcharges, or costs.  The court also shall inform the person ofthe right to request a trial pursuant to section 291D-13.  If the personrequests a trial at the time of the hearing, the court shall provide the personwith the trial date as soon as practicable.

(b)  In proceedings to explain mitigatingcircumstances where the person to whom the notice of traffic infraction wasissued has timely requested a hearing and appears at such hearing:

(1)  The procedure shall be limited to the issue ofmitigating circumstances.  A person who requests to explain the circumstancesshall not be permitted to contest the notice of traffic infraction;

(2)  After the court has received the explanation, thecourt shall enter judgment in favor of the State and may assess a monetaryassessment pursuant to section 291D-9, together with any fees, surcharges, orcosts;

(3)  The court, after receiving the explanation, mayvacate the admission and enter judgment in favor of the defendant, dismissingthe notice of traffic infraction or any count therein with prejudice, where theexplanation establishes that the infraction was not committed; and

(4)  There shall be no appeal from the judgment.

(c)  If a person for whom a hearing has beenscheduled, to contest the notice of traffic infraction or to explain mitigatingcircumstances, fails to appear at the hearing, the court shall enter judgmentby default for the State and take action as provided in section 291D-7(e).  Ifthe total amount of the monetary assessment, fees, surcharges, or costs is notpaid within thirty days of entry of default judgment, the court shall takeaction as provided in section 291D-10. [L 1993, c 214, pt of §2; am L 1997, c60, §11; am L 2007, c 85, §7]

 

Rules of Court

 

  Hearings, see HCTR rules 11, 14; subpoenas, see HCTR rule 13.

  Default judgments, see HCTR rule 15; motion to set aside, seeHCTR rule 18(b).