(a) The circuit court hearing an appeal shall use the procedures that apply to criminal convictions in municipal court 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.
(2) If the person is adjudicated by the circuit court to be responsible for payment of the civil fine, circuit court costs shall be owed by the person adjudicated responsible, with 100 percent of those court costs retained by court costs for criminal appeals from the municipal court, and in the event the circuit court finds the person appealing to not be responsible, no municipal court costs shall be owed to the city.
(3) Regardless of the civil nature of the proceedings, the circuit court, 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 municipal 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 and to prosecute the civil proceedings in the circuit court.
Structure Code of Alabama
Chapter 51A - Montgomery County Municipalities.
Part 6 - Highways and Traffic.
Division 2 - Montgomery Red Light Safety Act.
Section 45-51A-35.20 - Short Title; Adoption of Procedures.
Section 45-51A-35.21 - Legislative Findings.
Section 45-51A-35.22 - Definitions.
Section 45-51A-35.23 - Utilization of Photographic Traffic Signal Enforcement System.
Section 45-51A-35.24 - Notice of Violation.
Section 45-51A-35.26 - Order of Municipal Court; Judicial Review.
Section 45-51A-35.27 - Appellate Procedures.
Section 45-51A-35.28 - Identifying Owner of Vehicle.
Section 45-51A-35.30 - Adoption of Procedures; Statistical Data.
Section 45-51A-35.31 - Control Devices and Timing.
Section 45-51A-35.32 - Criminal Violations.
Section 45-51A-35.33 - Civil Action Against Person Operating Vehicle.