7.84.050 - Notice -- Determination final unless contested -- Form.

Notice — Determination final unless contested — Form.

(1) A notice of infraction represents a determination that an infraction has been committed. The determination shall be final unless contested as provided in this chapter.

     (2) The form for the notice of infraction shall be prescribed by rule of the supreme court and shall include the following:

     (a) A statement that the notice represents a determination that an infraction has been committed by the person named in the notice and that the determination shall be final unless contested as provided in this chapter;

     (b) A statement that an infraction is a noncriminal offense for which imprisonment will not be imposed as a sanction;

     (c) A statement of the specific infraction for which the notice was issued;

     (d) A statement of the monetary penalty established for the infraction;

     (e) A statement of the options provided in this chapter for responding to the notice and the procedures necessary to exercise these options;

     (f) A statement that at any hearing to contest the determination, the state has the burden of proving, by a preponderance of the evidence, that the infraction was committed; and that the person may subpoena witnesses including the officer who issued the notice of infraction;

     (g) A statement that at any hearing requested for the purpose of explaining mitigating circumstances surrounding the commission of the infraction the person shall be deemed to have committed the infraction and shall not subpoena witnesses;

     (h) A statement that failure to respond to a notice of infraction within fifteen days is a misdemeanor and may be punished by fine or imprisonment; and

     (i) A statement that failure to appear at a hearing requested for the purpose of contesting the determination or for the purpose of explaining mitigating circumstances is a misdemeanor and may be punished by fine or imprisonment.

[2006 c 270 § 7; 1987 c 380 § 5.]