§ 31-40-5 - Show cause order – Service – Procedure where conviction denied.
SECTION 31-40-5
§ 31-40-5 Show cause order – Service– Procedure where conviction denied. – (a) The court in which the complaint is filed shall enter an order, whichincorporates the habitual offender transcript or abstract and is directed tothe person named in it, to show cause why he or she should not be barred fromoperating a motor vehicle on the highways of this state. A copy of the showcause order and the transcript or abstract shall be served on the person namedin it in the manner prescribed by law for the service of a complaint. Serviceon any nonresident of this state may be made on the administrator of thedivision of motor vehicles in the same manner as in any action or proceedingarising out of a collision on the highways of this state.
(b) If the person denies having been convicted, or in thecase of a juvenile denies that he or she was found delinquent or wayward, ofany offense necessary for a holding that he or she is an habitual offender, andif the court cannot, on the evidence available to it, make the determination,the court may certify the decision of the issue to the court in which theconviction or finding of delinquency or waywardness was made. The court towhich the certification is made shall immediately conduct a hearing todetermine the issue and send a certified copy of its final order determiningthe issue to the court in which the complaint was filed.