Section 291D-8 - Hearings(a) In proceedings to contest a notice of traffic infraction or notice of emergency period infraction where the person to whom the notice was issued has timely requested a hearing and appears at such hearing: (1) In lieu of the personal appearance by the officer who issued the notice of traffic infraction or notice of emergency period infraction, the court shall consider the notice of traffic infraction or notice of emergency period infraction, and any other written report made by the officer, if provided to the court by the officer, together with any oral or written statement by the person to whom the notice of infraction was issued, or in the case of traffic infractions involving parking or equipment, the operator or registered owner of the motor vehicle;(2) The court may compel by subpoena the attendance of the officer who issued the notice of traffic infraction or notice of emergency period infraction, and other witnesses from whom it may wish to hear;(3) The standard of proof to be applied by the court shall be whether, by a preponderance of the evidence, the court finds that the traffic infraction or emergency period infraction was committed; and(4) After due consideration of the evidence and arguments, if any, the court shall determine whether commission of the traffic infraction or emergency period infraction has been established. Where the commission of the traffic infraction or emergency period infraction has not been established, judgment in favor of the defendant, dismissing the notice of traffic infraction or notice of emergency period infraction or any count therein with prejudice, shall be entered in the record. Where it has been established that the traffic infraction or emergency period infraction was committed, the court shall enter judgment in favor of the State and shall assess a monetary assessment pursuant to section 291D-9, together with any fees, surcharges, or costs. The court also shall inform the person of the right to request a trial pursuant to section 291D-13. If the person requests a trial at the time of the hearing, the court shall provide the person with the trial date as soon as practicable.(b) In proceedings to explain mitigating circumstances where the person to whom the notice of traffic infraction or notice of emergency period infraction was issued has timely requested a hearing and appears at such hearing: (1) The procedure shall be limited to the issue of mitigating circumstances. A person who requests to explain the circumstances shall not be permitted to contest the notice of traffic infraction or notice of emergency period infraction;(2) After the court has received the explanation, the court shall enter judgment in favor of the State and may assess a monetary assessment pursuant to section 291D-9, together with any fees, surcharges, or costs;(3) The court, after receiving the explanation, may vacate the admission and enter judgment in favor of the defendant, dismissing the notice of traffic infraction, notice of emergency period infraction, or any count therein with prejudice, where the explanation 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 been scheduled, to contest the notice of traffic infraction or notice of emergency period infraction, or to explain mitigating circumstances, fails to appear at the hearing, the court shall enter judgment by default for the State and take action as provided in section 291D-7(e).Amended by L 2021, c 185,§ 11, eff. 7/6/2021.Amended by L 2020, c 59,§ 5, eff. 11/1/2020.L 1993, c 214, pt of §2; am L 1997, c 60, §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, see HCTR rule 18(b).