A person who contests a notice of violation and is adjudicated by the court to be responsible for the civil fine may appeal the adjudication for a trial de nova to the Circuit Court of Mobile County, in which the district or municipal court is located, using the procedures that apply to criminal convictions with the following qualifications:

(1) The proceedings shall retain their civil nature on appeal with the circuit court applying the preponderance of the evidence standard.

Attorney's Note

Under the Alabama Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Violationup to 30 daysup to $200
For details, see Ala. Code § 13A-5-7
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Terms Used In Alabama Code 45-49-101.08

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • circuit: means judicial circuit. See Alabama Code 1-1-1
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • following: means next after. See Alabama Code 1-1-1
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) The person appealing, as a condition precedent to appeal, shall pay the civil fine in full, and failure to do so shall divest the Circuit Court of Mobile County. If, on appeal the circuit court finds that the person is not responsible for payment of the civil fine, the county or municipality located in Mobile County, or the Alabama State Law Enforcement Agency, shall refund the same without interest within 15 days of receipt of notice of the disposition from the circuit court. If the person is adjudicated by the circuit court to be responsible for payment of the civil fine, then no additional fine may be imposed by the circuit court, but court costs of the circuit court shall be owed by the person adjudicated responsible with 100 percent of the court costs retained by the circuit court. Court costs in the circuit court shall be calculated as are court costs for criminal appeals from the district or municipal court of Mobile County, and if the circuit court finds the person appealing to not be responsible, no court costs shall be owed by the county or city boards of education located in Mobile County.
(3) Regardless of the civil nature of the proceedings, the Circuit Court of Mobile County, in its discretion and for its administrative convenience, may assign case numbers as for criminal appeals and place the appeals on criminal dockets in the same manner as criminal appeals from district or municipal court of Mobile County.
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