Motor and Other Vehicles

CHAPTER 31-41.3
Automated School-Zone-Speed-Enforcement System Act of 2016

SECTION 31-41.3-8

§ 31-41.3-8. Procedure – Notice.

(a) Except as expressly provided in this chapter, all prosecutions based on evidence produced by an automated school-zone-speed-enforcement system shall follow the procedures established in chapter 41.1 of this title, chapter 18 of title 8, and the rules promulgated by the chief magistrate of the traffic tribunal for the hearing of civil traffic violations. Citations may be issued by an officer solely based on evidence obtained by use of an automated school-zone-speed-enforcement system. All citations issued based on evidence obtained from an automated school-zone-speed-enforcement system shall be issued within fourteen (14) days of the violation.

(b) It shall be sufficient to commence a prosecution based on evidence obtained from an automated school-zone-speed-enforcement system, provided that a copy of the citation and supporting documentation be mailed to the address of the registered owner kept on file by the registry of motor vehicles pursuant to § 31-3-34. For purposes of this section, the date of issuance shall be the date of mailing.

(c) The officer issuing the citation shall certify under penalties of perjury that the evidence obtained from the automated school-zone-speed-enforcement system was sufficient to demonstrate a violation of the motor vehicle code. Such certification shall be sufficient in all prosecutions pursuant to this chapter to justify the entry of a default judgment upon sufficient proof of actual notice in all cases where the citation is not answered within the time period permitted.

(d) The citation shall contain all the information provided for in the uniform summons as referred to in § 31-41.1-1 and the rules of procedure promulgated by the chief magistrate of the traffic tribunal.

(e) In addition to the information in the uniform summons, the following information shall be attached to the citation:

(1) Copies of two (2) or more photographs, or microphotographs, or other recorded images taken as proof of the violation; and

(2) A signed statement by a trained law enforcement officer that, based on inspection of recorded images, the motor vehicle was being operated in violation of chapter 14 of title 31 relating to speed restrictions; and

(3) A statement that recorded images are evidence of a violation of this chapter; and

(4) A statement that the person who receives a summons under this chapter may either pay the civil penalty in accordance with the provisions of § 31-41.1-3, or elect to stand trial for the alleged violation.

History of Section.
(P.L. 2016, ch. 164, § 1; P.L. 2016, ch. 165, § 1; P.L. 2017, ch. 161, § 1; P.L. 2017, ch. 451, § 13.)