Bill > H962

This bill amends a subsection of the General Laws to change the process for contesting a civil motor vehicle infraction. The key provisions are: 1) A violator must request a noncriminal hearing by making a signed request on the back of the citation and mailing it to the registrar within 20 days. If the request is not made timely, the violator may only be granted a hearing if the registrar determines there was good cause for the delay. 2) The registrar will notify the district court clerk-magistrate of the hearing request, and the clerk-magistrate will schedule a hearing date and notify the police agency and violator. 3) At the hearing, the citation is admissible as prima facie evidence, and either party can compel witnesses. The magistrate or justice will make a finding of "responsible" or "not responsible" based on the preponderance of the evidence. 4) If found responsible, the violator must pay an assessment to the registrar, with the amount set by guidelines from the chief justice to promote uniformity. The violator has 20 days to pay unless granted an extension for good cause. 5) The violator's obligation to pay is automatically stayed during any timely appeal to the appellate division or higher court.

Justice

https://malegislature.gov/Bills/190/H962