(a) Prior to imposing a civil penalty pursuant to this article, the City of Brantley shall first mail a notice of violation by certified U.S. mail, return receipt requested, to the owner of the motor vehicle which is recorded by the automated photographic speeding enforcement system that committed a speeding violation. The notice shall be sent not later than the 30th day after the date the speeding violation is recorded to the following:

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

Terms Used In Alabama Code 45-21A-10.03

  • 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
  • owner: shall mean the person to whom the vehicle is rented or leased; nor shall the term include motor vehicles displaying dealer license plates, in which event "owner" shall mean the person to whom the vehicle is assigned for use; nor shall the term include the owner of any stolen motor vehicle, in which event "owner" shall mean the person who is guilty of stealing the motor vehicle. See Alabama Code 45-21A-10.01
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • 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
  • United States: includes the territories thereof and the District of Columbia. See Alabama Code 1-1-1
(1) The owner’s address as shown on the registration records of the Alabama Department of Revenue.
(2) If the vehicle is registered in another state or country, to the owner’s address as shown on the motor vehicle registration records of the department or agency of the other state or country analogous to the Alabama Department of Revenue.
(3) If a traffic violation is based on the vehicle identification number, and the registered owner of the vehicle is a rental car business, the law enforcement agency, before a notice of violation may be issued, shall provide a written notice to the rental car business that a notice of violation may be issued to the rental car business if the rental car business does not, within 30 days of receiving written notice, provide to the issuing agency by return mail a statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the violation occurred.
(b) A notice of violation issued under this article shall contain the following:

(1) Description of the speeding violation alleged.
(2) The date, time, and location of the violation.
(3) A copy of recorded images of the vehicle involved in the violation.
(4) The amount of the civil penalty to be imposed for the violation.
(5) The date by which the civil penalty must be paid.
(6) A statement that the person named in the notice of violation may pay the civil penalty in lieu of appearing at an administrative adjudication hearing.
(7) Information that informs the person named in the notice of violation of the following:

a. The right to contest the imposition of the civil penalty in an administrative adjudication.
b. The manner and time in which to contest the imposition of the civil penalty.
c. That failure to pay the civil penalty or to contest liability is an admission of liability.
(8) A statement that a recorded image is evidence in a proceeding for the imposition of a civil penalty.
(9) A statement that failure to pay the civil penalty within the time allowed shall result in the imposition of a late penalty not exceeding twenty-five dollars ($25).
(10) Any other information deemed necessary by the city.
(c) A notice of violation under this article is presumed to have been received on the 10th day after the date the notice of violation is placed in the United States mail.
(d) The civil penalty imposed shall be paid within 30 days of the 10th day after the date the notice of violation is mailed.
(e) It shall be within the discretion of the trained technician to determine which of the recorded speeding violations are prosecuted based upon the quality and legibility of the recorded image. In lieu of issuing a notice of violation, the city may mail a warning notice to the owner during the initial warning period.
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