Section 45-37-210.28 - Motor vehicle racingThe circuit court hearing an appeal shall use the procedures that apply to criminal proceedings 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 a civil penalty, circuit court costs shall be owed by the person adjudicated responsible, with 100 percent of those court costs retained by the circuit court. Court costs in the circuit court shall be calculated as are court costs for criminal appeals from the district court, and in the event the circuit court finds the person appealing to not be responsible, no court costs shall be owed to the county commission. (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 (4) The circuit court shall sit as trier of both fact and law in the civil proceedings in the circuit court. (5) The county commission shall be responsible for providing an attorney to represent the county commission and to prosecute the civil proceedings in the circuit court. Ala. Code § 45-37-210.28 (1975)
Added by Act 2023-171,§ 9, eff. 8/1/2023.