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6.450. Oorder of Hearing
(a) When Traffic Infraction Admitted. If a defendant
admits that the traffic infraction was committed,
the official shall permit the defendant to offer a statement
concerning the commission of the infraction.
The official may examine the defendant and issuing
officer concerning the infraction prior to making a
determination as to the civil penalty to be imposed.
(b) Description of Procedure. Before the commencement
of a hearing the official shall briefly describe
and explain the purposes and procedure of the hearing
and the rights of the defendant.
(c) Defense. The defendant may offer sworn testimony
and evidence and, after such testimony is offered,
shall answer any questions asked by the official.
(d) Additional Witnesses. If the testimony of additional
witnesses is to be offered, the order in which
the witnesses shall testify shall be determined by the
official conducting the hearing. Any such witness shall
be sworn and shall testify, and may then be questioned
by the official, and thereafter may be questioned by the
defendant or counsel.
(e) Further Examination. Upon the conclusion of
such testimony and examination, the official may further
examine or allow such examination as the official
deems appropriate.
(f) Closing Statement. At the conclusion of all
testimony and examination, the defendant or counsel
shall be permitted to make a statement in the nature of
a closing argument.
(g) Failure to Appear at Contested Hearing. In
any case in which a contested infraction hearing is
held, and the defendant, who either has asked for the
contested hearing or otherwise received proper notice
of the hearing, fails to appear for the hearing, the official
can proceed with the hearing, take testimony, and,
if it is determined that the infraction was committed,
impose a penalty as if the defendant had attended the
hearing. In the interests of justice, the court may vacate
the judgment upon a showing of good cause by
the defendant.
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