Current with changes from the 2024 Legislative Session
Section 10-127 - Procedure(a) In a proceeding for a violation under this part:(1) the State has the burden to prove the guilt of the defendant to the same extent as is required by law in the trial of a criminal case;(2) the court shall apply the evidentiary standards as prescribed by law for the trial of a criminal case;(3) the court shall ensure that the defendant has received a copy of the charges against the defendant and that the defendant understands those charges;(4) the defendant is entitled to:(i) cross-examine each witness who appears against the defendant;(ii) produce evidence and witnesses on the defendant's own behalf;(iii) testify on the defendant's own behalf if the defendant chooses to do so; and(iv) be represented by counsel of the defendant's own selection and expense;(5) the defendant may enter a plea of guilty or not guilty;(6) the verdict shall be:(i) guilty of a civil violation; or(ii) not guilty of a civil violation; and(7) before entering a judgment, a court may place the defendant on probation in the same manner and to the same extent as is permitted by law in a criminal case.(b) If a defendant is found guilty of a violation under this part and a fine is imposed, a court may direct that the payment of the fine be suspended or deferred under conditions determined by the court.(c) A defendant's willful failure to pay a fine imposed under this part may be treated as a criminal contempt punishable as provided by law.(d) A defendant who is found guilty of a violation under this part, as provided by law for a criminal case, may file:(2) a motion for a new trial; or(3) a motion for a revision of a judgment.(e) The State's Attorney for each county may: (1) prosecute a violation under this part in the same manner as a prosecution of a criminal case, including entering a nolle prosequi or placing the case on violation on a stet docket; and(2) exercise authority in the same manner prescribed by law for a violation of the criminal laws of the State.