§ 78-155. Contesting the civil penalty.

(a)

In accordance with O.C.G.A. § 40-6-20(f)(3)(D), liability shall be determined based upon a preponderance of the evidence. Prima-facie evidence that the vehicle described in the citation issued pursuant to this article was operated in violation of O.C.G.A. § 40-6-20(a), together with proof that the defendant was at the time of such violation the registered owner of the vehicle, shall permit the trier of fact in its discretion to infer that such owner of the vehicle was the driver of the vehicle at the time of the alleged violation. Such an inference may be rebutted if the owner of the vehicle:

(1)

Testifies under oath in open court that he or she was not the operator of the vehicle at the time of the alleged violation;

(2)

Presents to the court prior to the return date established on the citation a certified copy of a police report showing that the vehicle had been reported to the police as stolen prior to the time of the alleged violation; or

(3)

Submits to the court prior to the return date established on the citation a sworn notarized statement identifying the name of the operator of the vehicle at the time of the alleged violation.

(b)

The provisions of this article shall not limit law enforcement agencies to the use of traffic-control signal monitoring devices in enforcing O.C.G.A. § 40-6-20(a); and, when there is evidence obtained from another source or sources which constitutes a prima-facie case of a violation of O.C.G.A. § 40-6-20(a), such violation may be prosecuted as otherwise provided by law in lieu of, but not in addition to, enforcement under this article.

(Res. No. 05-0692, 6-1-05)