Sec. 51-164n. Procedure upon summons for infraction or certain violations. Payment by mail. Procedure at trial. - Connecticut Statutes

      Sec. 51-164n. Procedure upon summons for infraction or certain violations. Payment by mail. Procedure at trial. (a) There shall be a Centralized Infractions Bureau of the Superior Court to handle payments or pleas of not guilty with respect to the commission of infractions and violations under subsection (b) of this section. Except as provided in section 51-164o, any person who is alleged to have committed an infraction or a violation under subsection (b) of this section may plead not guilty or pay the established fine and any additional fee or cost for the infraction or such violation.

      (b) Notwithstanding any provision of the general statutes, any person who is alleged to have committed (1) a violation under the provisions of section 1-9, 1-10, 1-11, 4b-13, 7-13, 7-14, 7-35, 7-41, 7-83, 7-283, 7-325, 7-393, 8-25, 8-27, 9-63, 9-296, 9-305, 9-322, 9-350, 10-193, 10-197, 10-198, 10-230, 10-251, 10-254, 12-52, 12-170aa, 12-292, or 12-326g, subdivision (4) of section 12-408, subdivision (3), (5) or (6) of section 12-411, section 12-435c, 12-476a, 12-476b, 12-487, 13a-71, 13a-107, 13a-113, 13a-114, 13a-115, 13a-117b, 13a-123, 13a-124, 13a-139, 13a-140, 13a-143b, 13a-247 or 13a-253, subsection (f) of section 13b-42, section 13b-90, 13b-221, 13b-292, 13b-336, 13b-337, 13b-338, 13b-410a, 13b-410b or 13b-410c, subsection (a), (b) or (c) of section 13b-412, section 13b-414, subsection (d) of section 14-12, section 14-20a or 14-27a, subsection (e) of section 14-34a, subsection (d) of section 14-35, section 14-43, 14-49, 14-50a or 14-58, subsection (b) of section 14-66, section 14-66a, 14-66b or 14-67a, subsection (g) of section 14-80, subsection (f) of section 14-80h, section 14-97a, 14-100b, 14-103a, 14-106a, 14-106c, 14-146, 14-152, 14-153 or 14-163b, a first violation as specified in subsection (f) of section 14-164i, section 14-219 as specified in subsection (e) of said section, subdivision (1) of section 14-223a, section 14-240, 14-249, 14-250 or 14-253a, subsection (a) of section 14-261a, section 14-262, 14-264, 14-267a, 14-269, 14-270, 14-275a, 14-278 or 14-279, subsection (e) of section 14-283, section 14-291, 14-293b, 14-296aa, 14-319, 14-320, 14-321, 14-325a, 14-326, 14-330 or 14-332a, subdivision (1), (2) or (3) of section 14-386a, section 15-33, subsection (a) of section 15-115, section 16-256, 16-256e, 16a-15 or 16a-22, subsection (a) or (b) of section 16a-22h, section 17a-24, 17a-145, 17a-149, 17a-152, 17a-465, 17a-642, 17b-124, 17b-131, 17b-137 or 17b-734, subsection (b) of section 17b-736, section 19a-30, 19a-33, 19a-39 or 19a-87, subsection (b) of section 19a-87a, section 19a-91, 19a-105, 19a-107, 19a-215, 19a-219, 19a-222, 19a-224, 19a-286, 19a-287, 19a-297, 19a-301, 19a-309, 19a-335, 19a-336, 19a-338, 19a-339, 19a-340, 19a-425, 19a-502, 20-7a, 20-14, 20-158, 20-231, 20-257, 20-265 or 20-324e, subsection (a) of section 20-341, section 20-341l, 20-597, 20-608, 20-610, 21-30, 21-38, 21-39, 21-43, 21-47, 21-48, 21-63, 21-76a, 21a-21, 21a-25, 21a-26 or 21a-30, subsection (a) of section 21a-37, section 21a-46, 21a-61, 21a-63 or 21a-77, subsection (b) of section 21a-79, section 21a-85, 21a-154, 21a-159, 22-13, 22-14, 22-15, 22-16, 22-29, 22-34, 22-35, 22-36, 22-38, 22-39, 22-39a, 22-39b, 22-39c, 22-39d, 22-39e, 22-49, 22-54, 22-61, 22-89, 22-90, 22-98, 22-99, 22-100, 22-111o, 22-279, 22-280a, 22-318a, 22-320h, 22-324a, 22-326 or 22-342, subsection (b) or (e) of section 22-344, section 22-359, 22-366, 22-391, 22-413, 22-414, 22-415, 22a-66a or 22a-246, subsection (a) of section 22a-250, subsection (e) of section 22a-256h, subsection (a) of section 22a-381d, section 22a-449, 22a-461, 23-37, 23-38, 23-46 or 23-61b, subsection (a) or (b) of section 23-65, section 25-37, 25-40, 26-19, 26-21, 26-31, 26-40, 26-40a, 26-49, 26-54, 26-59, 26-61, 26-64, 26-79, 26-89, 26-97, 26-107, 26-117, 26-128, 26-131, 26-132, 26-138, 26-141, 26-207, 26-215, 26-224a, 26-227, 26-230, 26-294, 28-13, 29-6a, 29-109, 29-143o, 29-143z, 29-156a, subsection (b), (d), (e) or (g) of section 29-161q, section 29-161y, 29-161z, 29-198, 29-210, 29-243, 29-277, 29-316, 29-318, 29-341, 29-381, 30-48a, 30-86a, 31-3, 31-10, 31-11, 31-12, 31-13, 31-14, 31-15, 31-16, 31-18, 31-23, 31-24, 31-25, 31-28, 31-32, 31-36, 31-38, 31-38a, 31-40, 31-44, 31-47, 31-48, 31-51, 31-51k, 31-52, 31-52a or 31-54, subsection (a) or (c) of section 31-69, section 31-70, 31-74, 31-75, 31-76, 31-76a, 31-89b or 31-134, subsection (i) of section 31-273, section 31-288, 36a-787, 42-230, 45a-450, 45a-634 or 45a-658, subdivision (13) or (14) of section 46a-54, section 46a-59, 46b-22, 46b-24, 46b-34, 46b-38dd, 46b-38gg, 46b-38kk, 47-34a, 47-47, 49-8a, 49-16 or 53-133, or section 53-212a, 53-249a, 53-252, 53-264, 53-302a, 53-303e, 53-311a, 53-321, 53-322, 53-323, 53-331, 53-344 or 53-450, or (2) a violation under the provisions of chapter 268, or (3) a violation of any regulation adopted in accordance with the provisions of section 12-484, 12-487 or 13b-410, or (4) a violation of any ordinance, regulation or bylaw of any town, city or borough, except violations of building codes and the health code, for which the penalty exceeds ninety dollars but does not exceed two hundred fifty dollars, unless such town, city or borough has established a payment and hearing procedure for such violation pursuant to section 7-152c, shall follow the procedures set forth in this section.

      (c) If any person who is alleged to have committed an infraction or any violation specified in subsection (b) of this section elects to pay the fine and any additional fees or costs established for such infraction or violation, he shall send payment, by mail or otherwise, to the Centralized Infractions Bureau, made payable to the "clerk of the Superior Court". Such payment shall be considered a plea of nolo contendere and shall be inadmissible in any proceeding, civil or criminal, to establish the conduct of the person, provided the provisions of this section and section 51-164m shall not affect the application of any administrative sanctions by either the Commissioner of Environmental Protection authorized under title 26 or the Commissioner of Motor Vehicles authorized under title 14, except that no points shall be assessed by the Commissioner of Motor Vehicles against the operator's license of such person for such infraction or violation. The Judicial Department shall provide notice of the provisions of this subsection to law enforcement agencies and direct each law enforcement agency issuing a complaint to provide such notice to any person who is alleged to have committed a motor vehicle infraction or violation at the time a complaint alleging such conduct is issued to such person.

      (d) If the person elects to plead not guilty, he shall send the plea of not guilty to the Centralized Infractions Bureau. The bureau shall send such plea and request for trial to the clerk of the geographical area where the trial is to be conducted. Such clerk shall advise such person of a date certain for a hearing.

      (e) A summons for the commission of an infraction or of a violation specified in subsection (b) of this section shall not be deemed to be an arrest and the commission of an infraction or of any such violation shall not be deemed to be an offense within the meaning of section 53a-24.

      (f) The provisions of this section shall apply to the alleged commission of an infraction or a violation specified in subsection (b) of this section by a minor but, in a case involving a minor, a parent or guardian shall sign any plea of nolo contendere or of not guilty on any summons form issued in connection with the matter.

      (g) In any trial for the alleged commission of an infraction, the practice, procedure, rules of evidence and burden of proof applicable in criminal proceedings shall apply. Any person found guilty at the trial or upon a plea shall be guilty of the commission of an infraction and shall be fined not less than thirty-five dollars or more than ninety dollars.

      (h) In any trial for the alleged commission of a violation specified in subsection (b) of this section, the practice, procedure, rules of evidence and burden of proof applicable in criminal proceedings shall apply. Any person found guilty at the trial or upon a plea shall be guilty of the commission of a violation and shall be fined not more than the statutory amount applicable to such violation.

      (P.A. 75-577, S. 2, 126; P.A. 76-436, S. 40, 681; P.A. 77-340, S. 2; P.A. 79-534, S. 3; P.A. 82-223, S. 2; 82-248, S. 82; P.A. 83-577, S. 8; P.A. 85-446, S. 3, 6; P.A. 90-213, S. 10; P.A. 92-256, S. 3; May Sp. Sess. P.A. 92-6, S. 74, 117; May Sp. Sess. P.A. 92-11, S. 50, 70; P.A. 93-141, S. 3; 93-307, S. 27, 34; P.A. 94-135, S. 7; May 25 Sp. Sess. P.A. 94-1, S. 96, 130; P.A. 95-93, S. 2; 95-119, S. 1; 95-221, S. 2, 4; 95-264, S. 67; P.A. 96-167, S. 40; 96-257, S. 3; 96-259, S. 10; P.A. 97-40, S. 4; P.A. 98-69, S. 13, 14; P.A. 99-23, S. 1; 99-163, S. 8; 99-194, S. 27; 99-255, S. 4; 99-268, S. 31, 46; P.A. 00-92, S. 14; 00-148, S. 19; 00-169, S. 22, 36; P.A. 01-186, S. 5; P.A. 02-89, S. 80; 02-103, S. 36; May 9 Sp. Sess. P.A. 02-1, S. 116; P.A. 03-136, S. 9; 03-202, S. 12; 03-267, S. 5; P.A. 04-127, S. 7; P.A. 05-10, S. 21; 05-152, S. 5; 05-159, S. 8; 05-175, S. 22; P.A. 06-185, S. 8; P.A. 07-52, S. 2; 07-167, S. 44; P.A. 08-73, S. 13; 08-150, S. 33.)

      History: P.A. 76-436 required that fine be paid to superior court clerk rather than to common pleas court clerk, reflecting transfer of common pleas court functions to superior court, effective July 1, 1978; P.A. 77-340 specified maximum fine as $99 rather than as "the amount established for such infraction" in Subsec. (b); P.A. 79-534 added references to additional fees and made minor changes in wording in Subsec. (a) and reduced maximum fine in Subsec. (b) to $90; P.A. 82-223 amended Subsec. (b) to establish a minimum fine of $25; P.A. 82-248 reworded section but made no substantive change; P.A. 83-577 amended Subsec. (b) to increase the minimum fine from $25 to $35; P.A. 85-446 created centralized infractions bureau and revised procedure re payments or pleas of not guilty with respect to the commission of infractions accordingly, effective October 1, 1986; P.A. 90-213 made provisions of section applicable where appropriate to the commission of violations of Sec. 14-219 specified in Sec. 14-219(e); P.A. 92-256 amended Subsec. (b) to add provision prohibiting the assessment of points against the operator's license of such person for such infraction or specified violation of Sec. 14-219; May Sp. Sess. P.A. 92-6 amended Subsecs. (a) and (b) to add violations under Secs. 12-487, 13b-404, 13b-404a and 13b-405, violations under regulations adopted under Secs. 12-484, 12-487 and 13b-410, chapter 268 and Sec. 22a-250(a) and amended Subsecs. (b) and (e) to make technical changes; May Sp. Sess. P.A. 92-11 changed effective date of P.A. 92-256 but did not affect the date applicable to this section; P.A. 93-141 amended Subsec. (a) by deleting reference to violations under Secs. 12-487, 13b-404, 13b-404a and 13b-405, violations under regulations adopted pursuant to Sec. 12-484, 12-487 or 13b-410, violations of Sec. 14-219(e), violations under chapter 268 and Sec. 22a-250(a) and adding reference to violations under Subsec. (b) of this section and inserted new Subsec. (b) re violations which shall be treated in the same manner as infractions, relettering former Subsecs. (b) to (f) accordingly (Revisor's note: References to Secs. 13b-404, 13b-404a and 13b-405 in new Subsec. (b) were deleted editorially by the Revisors to reflect the repeal of those sections by P.A. 93-307); P.A. 93-307 would have amended Subsec. (a) by deleting references to Secs. 13b-404, 13b-404a and 13b-405 which were repealed by the same act, and substituting references to Secs. 13b-410a to 13b-410c, inclusive, but P.A. 93-141 took precedence, effective June 29, 1993; P.A. 94-135 amended Subsec. (b) by adding reference to Secs. 13b-410a, 13b-410b and 13b-410c and added Subsec. (h) re practice, procedure, rules of evidence and burden of proof re trial of alleged commission of violation and fine for person guilty of violation; May 25 Sp. Sess. P.A. 94-1 amended Subsec. (b) by making technical change, substituting "12-326g" for "32-326g", effective July 1, 1994; P.A. 95-93 amended Subsec. (b) to add violations under Sec. 29-341; P.A. 95-119 amended Subsec. (b) to add a number of fish and game violations to the list of violations to be handled as infractions and amended Subsec. (c) to provide that the provisions of this section shall not affect application of administrative sanctions by the Commissioner of Environmental Protection; P.A. 95-221 amended Subsec. (c) to replace "the person" with "any person who is alleged to have committed an infraction or any violation specified in subsection (b) of this section", replace "fee" with "fees or costs", provide that no points shall be assessed for such "violation", referring to any violation of Subsec. (b) of this section, rather than only for a "specified violation of section 14-219", add provision requiring notice of the provisions of this subsection be given to law enforcement agencies and persons alleged to have committed a motor vehicle infraction or violation and make technical changes, effective July 1, 1995; P.A. 95-264 made technical changes in Subsec. (b), deleting reference to repealed Secs. 20-181 and 20-182; P.A. 96-167 amended Subsec. (b) to add violations under Sec. 14-34a(e); P.A. 96-257 amended Subsec. (b) to specify Subsec. (c) as applicable provision of Sec. 14-100a; P.A. 96-259 amended Subsec. (b) by deleting reference to Sec. 21a-20 which was repealed by the same act; P.A. 97-40 amended Subsec. (b) by adding reference to Secs. 14-267a, 14-269 and 14-270; P.A. 98-69 authorized deletion of reference to Sec. 22-118i in Subsec. (b) by the revisors, since Sec. 22-118i was repealed by the act; P.A. 99-23 amended Subsec. (b) to delete reference to Sec. 21a-78; P.A. 99-163 authorized the Revisors to delete reference to Sec. 29-118 in Subsec. (b), since Sec. 29-118 was repealed by the act; P.A. 99-194 amended Subsec. (b) to delete reference to Sec. 21a-60; P.A. 99-255 amended Subsec. (b) to include a violation under Sec. 14-227a(b); P.A. 99-268 amended Subsec. (b) by adding a reference to a first violation as specified in Sec. 14-164i(f), effective July 1, 1999; P.A. 00-92 deleted references to Secs. 22-379 and 22-380 in Subsec. (b); P.A. 00-148 amended Subsec. (b) by adding references to Secs. 14-262 and 14-264; P.A. 00-169 revised effective date of P.A. 99-268 but without affecting this section; P.A. 01-186 amended Subsec. (b) by eliminating reference to "subsection (c) of section 14-100a"; P.A. 02-89 amended Subsec. (b) to delete references to Secs. 7-18, 7-104, 13b-224, 19a-108, 21a-31, 22-123, 26-221, 26-222, 26-234, 26-267, 26-269, 44-3 and 53-301, reflecting the repeal of said sections by the same public act; P.A. 02-103 made technical changes in Subsec. (b); May 9 Sp. Sess. P.A. 02-1 amended Subsec. (b) to delete reference to Sec. 14-227a(b), effective July 1, 2002; P.A. 03-136 amended Subsec. (b) to make a technical change and include reference to Sec. 22a-381d(a), effective June 26, 2003; P.A. 03-202 amended Subsec. (b) by replacing reference to Sec. 31-273(g) with reference to Sec. 31-273(i) and making technical changes; P.A. 03-267 amended Subsec. (b) to delete references to Secs. 17b-407 and 17b-451; P.A. 04-127 amended Subsec. (b) by adding reference to Sec. 14-80(g); P.A. 05-10 amended Subsec. (b) to add references to Secs. 46b-38dd, 46b-38gg and 46b-38kk; P.A. 05-152 amended Subsec. (b) by adding reference to Sec. 14-223a(1); P.A. 05-159 added reference to Sec. 14-296aa in Subsec. (b); P.A. 05-175 deleted reference in Subsec. (b) to Sec. 22-37, repealed by the same act, effective July 1, 2005; P.A. 06-185 added Subsec. (b)(4) re violation of municipal ordinance, regulation or bylaw with penalty between $90 and $250; P.A. 07-52 amended Subsec. (b)(1) by adding reference to Sec. 14-253a; P.A. 07-167 amended Subsec. (b)(1) by deleting reference to Sec. 14-261a(b) and (c); P.A. 08-73 amended Subsec. (b) to include a violation of Sec. 29-156a or Subsec. (b), (d), (e) or (g) of Sec. 29-161q; P.A. 08-150 amended Subsec. (b) to delete reference to Sec. 53-211(a) or (b).

      Cited. 30 CA 45.

      Subsec. (a):

      Cited. 189 C. 611.

      Cited. 1 CA 517.

      Subsec. (b):

      Cited. 12 CA 481.

      Subsec. (d):

      Cited. 9 CA 686.

      Subsec. (e):

      Cited. 41 CA 779.

      Subsec. (f):

      Cited. 12 CA 481. Cited. 22 CA 207.