SB 1143 - This act modifies numerous penalties for violations of motor vehicle licensing, registration, and equipment statutes. The modifications to the numerous penalties include:
• Making certain violations punishable by a fine of not less than $5 or more than $500 or by imprisonment in the county jail for a term not exceeding one year, or by both rather than as Class C misdemeanor.
• Making certain violations that are currently without a specified penalty either a Class C misdemeanor or an infraction
• Making numerous violations punishable as an infraction rather than as a misdemeanor
This act provides that for an infraction, all court costs, fees, surcharges, and other charges shall be assessed in the same manner and amount as for a misdemeanor.
Under this act, an offense is an infraction if it is designated as one or if a violation can result only in a fine, forfeiture, or other civil penalty. A determination of whether an infraction has occurred shall be made by the filing of a civil action. The action shall be filed by a person who is authorized to bring a criminal action or an action to enforce an ordinance. The action will be brought in the name of the state or the appropriate political subdivision. An infraction violation shall be proved by a preponderance of the evidence but shall not be tried by a jury. If an infraction violation is proven, judgment shall be entered for the plaintiff.
This act requires any driver to stop on signal of any law enforcement officer and to obey any reasonable signals of such officer given in the course of enforcing any infraction. Any person who fails or refuses to obey any such signal or who resists an officer while enforcing any infraction, shall be guilty of a Class A misdemeanor.
SUSAN HENDERSON MOORE