1.5 Decisions On Written Statements (a) Written Submissions: Traffic infractions may be heard by the Court on the basis of written documents submitted by the City and a defendant, as provided in IRLJ 2.4(b)(4) and IRLJ 2.6. A written submission must be received by the Court no later than 7 days prior to the scheduled date of the contested or mitigation hearing, or the submission will not be considered. (b) Generally: The Court shall examine the citing officer's report and any written documents submitted by the defendant. The examination shall take place within 120 days after the defendant filed the response to the notice of infraction. The examination may be held in chambers and shall not be governed by the Rules of Evidence. (c) Factual Determination: For purposes of a contested infraction hearing, the Court shall determine whether the City has established, by a preponderance of all submitted evidence, that the defendant committed the infraction. (d) Disposition: If the Court determines that the infraction has been committed, it may assess a penalty amount, and any appropriate and permitted costs to be paid by the defendant. (e) Notice to Parties: The Court shall notify the parties in writing, whether an infraction was found to have been committed and what penalty, if any, was imposed. (f) No Appeal Permitted: There shall be no appeal from a Court determination based upon written statements. (Effective Date: September 1, 2002)
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