Sec. 154-178. - Mandatory court appearances and fines.
(a) Persons charged with the following offenses must appear in court and cannot pay their fines in the traffic court violations bureau:
(1) All persons involved in serious traffic accidents must appear in court, if in connection with that accident or growing out of it he is charged with a moving violation. As herein used, the term "serious traffic accident" is understood to mean all traffic accidents in which any one or more persons receives a fatal, severe or noticeable injury. (Police Injury Codes 1, 2, and 3.)
(2) Whenever a person is charged with exceeding the speed limit by more than 20 miles per hour.
(3) When charged with having no license in possession or chauffeur's or driver's license.
(4) When charged with improper chauffeur's or driver's license, improper use of or driving on a suspended driver's or chauffeur's license.
(5) When charged with fraudulent use of a license plate, or fraudulent registrations.
(6) When charged with parading without a permit.
(7) When charged with failing to report an accident.
(8) When charged with interfering with official traffic control devices.
(9) When charged with hit and run driving.
(10) When charged with reckless driving in any manner.
(11) When charged with driving while intoxicated.
(12) When defendant is charged with a moving violation and the records of the court reveal that he has been three times convicted previously of a moving violation, within the previous 13-month period, or when otherwise required by the provisions of the fine schedule.
(13) When charged with fraudulent or unsafe use of a safety inspection certificate (brake tag), or use or possession of a fake brake tag.
(14) When a defendant has failed to appear as provided in section 154-145(b).
(15) When charged with failure to operate or equip vehicle so as to prevent the spillage of dirt, garbage, trash, etc., as required by section 154-402.
(16) Reserved. [see § 154-403, editor's note.]
(17) When charged with unsummoned tow truck response in violation of section 162-1585.
(18) When charged with unlawful operation of a motor vehicle on flooded streets in violation of section 154-404. Upon conviction of or a plea of guilty or nolo contendere to a violation of section 154-404, the court shall impose a fine of not less than $200.00 nor more than $500.00 for a first violation.
(b) Whenever appearance in court is mandatory under this article or where the person elects to appear in court to contest the case, the court may impose any sentence within its jurisdiction not to exceed $500.00, five months, or both in its discretion. Provided however, that where any defendant enters a plea of guilty in open court upon a charge that could have been paid in the violations bureau, the same fine must be imposed as he could have paid previously without a trail in the violations bureau.
(c) Notwithstanding anything contained herein to the contrary, upon conviction for the following offenses the court shall impose a fine in accordance with the schedule of fines in section 154-177. Nothing contained in this subsection shall be construed as to require a mandatory court appearance except as provided for elsewhere in the chapter.
(1) Illegal parking upon a neutral ground (154-1031).
(2) Unsummoned tow truck response (162-1585).
(d) When a defendant is charged with a violation of the prohibition of certain buses in the Vieux Carré as provided in section 122-54, a violation of Vieux Carré bus limitations as provided in section 162-942, or a violation on the restriction on stopping by buses as provided in section 154-983, the court shall impose a fine of not less than $200.00 nor more than $500.00 for a first violation; a second violation shall result in a fine of not less than $400.00 nor more than $500.00 and imprisonment for not more than three months; a third violation shall result in a fine of not less than $500.00 and imprisonment of not less than 30 days, the court may substitute 30 days or more of public service in the Vieux Carré and adjacent areas instead of imprisonment; and four or more violations shall result in a fine of not less than $500.00 and imprisonment for not less than 60 days for each violation, the court may substitute 60 days or more of public service in the Vieux Carré and adjacent areas instead of imprisonment for each violation. The court shall submit information on any offenses to the department of utilities within 30 days.
(e) When a defendant is charged with using or possessing a fake, false or fraudulent safety inspection certificate as provided in section 154-1298, the court shall impose a fine of not less than $300.00 nor more than $500.00 and up to three months imprisonment for a first violation; a second violation shall result in a fine of not less than $400.00 nor more than $500.00 and up to four months imprisonment; a third or more violations shall result in a fine of not less than $500.00 and imprisonment of not less than 30 days nor more than five months for each violation. The court may substitute community service hours at a rate of seven hours for each $50.00 imposed and seven hours for each day of imprisonment. The community service hours shall include cleaning and picking up litter in public parks, recreational facilities, cemeteries or public rights-of-way.
(Code 1956, § 38-28; M.C.S., Ord. No. 18,185, § 2, 4-3-97; Ord. No. 19,264, § 1, 4-19-00; Ord. No. 20,261, § 2, 8-2-01; M.C.S., Ord. No. 20,904, § 3, 10-17-02)
