LIRLJ 3.5
DECISION ON WRITTEN STATEMENTS
(a) The court will consider requests for contested or mitigation traffic
hearings by mail.
(b) To contest a hearing by mail the individual requesting the hearing must:
1) submit full payment with their request;
2) include a statement that they understand that there is no appeal
for a decision based on written statements;
3) include a sworn statement of the circumstances of the incident and any
other evidence they wish the judge to consider;
4) include a brief justification for the need for a hearing by mail rather
than a personal hearing.
Once these items are submitted, the court will examine the officer's report and
matters submitted by the individual requesting the hearing. This examination
will be done in chambers and will take place within 120 days after the
individual submits the required information and tenders payment. The hearing
is not governed by the rules of evidence. The court will determine whether the
plaintiff has proved by a preponderance of all evidence submitted that the
infraction was committed. If the court determines that it was committed it may
assess a penalty in accordance with IRLJ 3.3. The court will notify the
parties in writing whether an infraction was found to have been committed and
what penalty, if any, was imposed.
(c) To request a mitigation hearing by mail, the individual requesting the
hearing must:
1) submit full payment with their request;
2) include a statement of the circumstances of the incident and any
other evidence they wish the judge to consider;
3) include a brief justification of the need for a hearing by mail rather
than a personal hearing.
Once these items are submitted, the court will review the submission and the
individual's driving record. This review will be done in chambers and will
take place within 120 days after the individual submits the required
information. If the court believes that mitigation is proper it will
mitigate the penalty and return the amount tendered in excess of the penalty.
(d) No Appeal Permitted. No appeal may be taken from a decision on written
statements on either contested or mitigated traffic infractions.
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