Section 19-204. Notice of violation  


Latest version.
  • a. The notice of violation shall contain
      information  advising  the  person charged of the manner and the time in
      which he or she may plead either guilty or  not  guilty  to  the  charge
      alleged  in  the  notice.  Such notice of violation shall also contain a
      warning to advise the person charged that failure to plead in the manner
      and time provided shall be deemed, for all  purposes,  an  admission  of
      liability  and  that  a  default  judgment may be rendered. The form and
      wording of the notice of violation shall be prescribed by the  director.
      A copy of each notice of violation served shall be filed and retained by
      the  bureau, and shall be deemed a record kept in the ordinary course of
      business, and shall be prima  facie  evidence  of  the  facts  contained
      therein.
        b.  The  notice  of  violation  shall  be  served  personally upon the
      operator of a motor vehicle who is present at the time of  service,  and
      his  or  her name, together with the license designation as shown by the
      registration plates on said vehicle,  shall  be  inserted  therein.  The
      notice  of violation shall be served upon the owner of the motor vehicle
      if the operator is not present, by affixing such notice to said  vehicle
      in  a  conspicuous place. Whenever such notice is so affixed, in lieu of
      inserting the name of the person charged with the violation in the space
      provided for the identification of said person, the words "owner of  the
      motor  vehicle  bearing  license"  may be inserted to be followed by the
      license designation as shown by the registration plates on said vehicle.
      Service of the notice of violation  by  affixation  as  herein  provided
      shall  have  the  same force and effect and shall be subject to the same
      penalties for disregard thereof as though the same was personally served
      with the name of the person charged with the violation inserted therein.
        c. For purposes of this section, an operator of a motor vehicle who is
      not the owner thereof but who uses or operates  such  vehicle  with  the
      permission  of  the owner, express or implied, shall be deemed to be the
      agent of such owner to receive notices of violation, whether  personally
      served on such operator or served by affixation in the manner aforesaid,
      and  service  made  in  either  manner  as herein provided shall also be
      deemed to be lawful service upon such owner.