§ 31-41.2-4 - Procedure – Notice.
SECTION 31-41.2-4
§ 31-41.2-4 Procedure – Notice.– (a) Except as expressly provided in this chapter, all prosecutions based onevidence produced by an automated traffic violation detection system shallfollow the procedures established in chapter 41.1 of this title, chapter 8-18of these general laws and the rules promulgated by the chief magistrate of thetraffic tribunal for the hearing of civil traffic violations. Citations may beissued by an officer solely based on evidence obtained by use of an automatedtraffic violation detection system. All citations issued based on evidenceobtained from an automated traffic violation detection system shall be issuedwithin fourteen (14) days of the violation.
(b) It shall be sufficient to commence a prosecution based onevidence obtained from an automated traffic violation detection system that acopy of the citation and supporting documentation be mailed to the address ofthe registered owner kept on file by the registry of motor vehicles pursuant to§ 31-3-34 of these general laws. For purposes of this section, the date ofissuance shall be the date of mailing.
(c) The officer issuing the citation shall certify underpenalties of perjury that the evidence obtained from the automated trafficviolation detection system was sufficient to demonstrate a violation of themotor vehicle code. Such certification shall be sufficient in all prosecutionspursuant to this chapter to justify the entry of a default judgment uponsufficient proof of actual notice in all cases where the citation is notanswered within the time period permitted.
(d) The citation shall contain all the information providedfor on the uniform summons as referred to in § 31-41.1-1 of the generallaws and the rules of procedure promulgated by the chief magistrate of thetraffic tribunal subject to the approval of the supreme court pursuant to§ 8-6-2.
(e) In addition to the information in the uniform summons,the following information shall be attached to the citation:
(i) Copies of two (2) or more photographs, ormicrophotographs, or other recorded images taken as proof of the violation; and
(ii) A signed statement by a trained law enforcement officerthat, based on inspection of recorded images, the motor vehicle was beingoperated in violation of § 31-13-4 of this subtitle; and
(iii) A statement that recorded images are evidence of aviolation of this chapter; and
(iv) A statement that the person who receives a summons underthis chapter may either pay the civil penalty in accordance with the provisionsof § 31-41.1-3, or elect to stand trial for the alleged violation.