§ 27-76-713 - Prosecution of failure to pay tolls.
27-76-713. Prosecution of failure to pay tolls.
(a) In the prosecution of a violation of 27-76-708, the prosecuting attorney shall establish that:
(1) The vehicle passed through a toll collection facility without payment of the proper toll; and
(2) The defendant was either of the following when the failure to pay the toll occurred:
(A) The registered owner of the motor vehicle; or
(B) The operator of the motor vehicle.
(b) The court may consider sworn testimony from any of the following:
(1) A law enforcement officer;
(2) A regional mobility authority employee;
(3) An employee of the designee of the regional mobility authority; or
(4) An employee of the Department of Finance and Administration.
(c) The court may consider any other reasonable evidence, including without limitation:
(1) Video surveillance; or
(2) Evidence obtained by automated enforcement technology.
(d) It is a defense to prosecution under this section that the motor vehicle in question was stolen before the failure to pay the proper toll occurred and was not recovered by the time of the failure to pay, but only if the theft was reported to the appropriate law enforcement authority before the earlier of:
(1) The occurrence of the failure to pay; or
(2) Eight (8) hours after the discovery of the theft.
(e) A person who pleads guilty or nolo contendere to or is found guilty of violating 27-76-708 is guilty of a Class B misdemeanor.
(f) The court in which a person is convicted of an offense under this section shall also collect the proper toll and administrative fee and forward the toll and fee to the regional mobility authority.