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                         TMCLIR 3.5
                         DECISION ON
                     WRITTEN STATEMENTS


A. Traffic infractions may be heard by the court on the
basis of written submissions from the City and the
defendant.  Written submissions must be provided to the
court in advance of the date set for contested hearing or
mitigation as outlined on the forms provided by the court.
Defendant’s must use court’s mitigation/contested by mail
forms.

B. Generally.  The court shall examine the citing officer's
report and any statement 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.  The court shall determine whether
the plaintiff has proved by a preponderance of all evidence
submitted that the defendant has committed the infraction.
D. Disposition.  If the court determines that the infraction
has been committed, it may assess a penalty and any
appropriate and permitted costs.

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
decision on written statements.
	

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