The circuit court hearing a petition for judicial review shall utilize the procedures applicable to proceedings in the Jefferson County District Court with the following qualifications:
(1) The proceedings shall retain their civil nature with the circuit court applying the preponderance of the evidence standard.
(2) If the person is adjudicated by the circuit court to be responsible for payment of the fine, circuit court costs shall be owed by the person adjudicated responsible, with 100 percent of those court costs collected to be retained by the circuit court, which costs shall be calculated in the same manner as court costs for criminal appeals from the Jefferson County District Court, provided that, in the event the circuit court finds the person petitioning for judicial review to not be responsible, any fine or fee paid, related to that citation, shall be refunded by the city.
(3) Regardless of the civil nature of the proceedings, the circuit court may assign case numbers as for criminal appeals or civil appeals and place the appeals on criminal dockets in the same manner as criminal appeals from the Jefferson County District Court or on civil dockets in the same manner as civil appeals from the Jefferson County District Court.
(4) The circuit court shall sit as trier of both fact and law in the civil proceedings in the circuit court.
(5) The city shall be responsible for providing an attorney to represent the city in the circuit court proceedings.
Structure Code of Alabama
Chapter 37A - Jefferson County Municipalities.
Part 3 - Photographic Traffic Enforcement.
Section 45-37A-42 - Short Title.
Section 45-37A-42.01 - Traffic Safety System Authorized; Legislative Findings.
Section 45-37A-42.02 - Definitions.
Section 45-37A-42.03 - Adoption of Ordinance for Photographic Traffic Signal Enforcement; Fines.
Section 45-37A-42.04 - Notice of Violation.
Section 45-37A-42.06 - Order of Administrative Hearing Officer; Judicial Review.
Section 45-37A-42.07 - Petition for Judicial Review.
Section 45-37A-42.08 - Identifying Owner of Vehicle.
Section 45-37A-42.09 - Late Fees; Record of Civil Violations.
Section 45-37A-42.10 - Civil Actions.
Section 45-37A-42.11 - Statistical Data.
Section 45-37A-42.12 - Control Devices and Timing.
Section 45-37A-42.13 - Criminal Violations.
Section 45-37A-42.14 - Civil Action Against Person Operating Vehicle.
Section 45-37A-42.15 - Compensation of Trained Technician.
Section 45-37A-42.16 - Relation to Administrative Procedure Act.