§ 8-8.2-3 - Collection authority – Contempt.
SECTION 8-8.2-3
§ 8-8.2-3 Collection authority –Contempt. – (a) A judge or magistrate shall have the authority to enforce the judgments ofthe tribunal as authorized by law. The procedure for the collection of costsand fines shall generally follow the course of the collection of civiljudgments pursuant to chapters 17 and 28 of title 9 to the extent applicable. Ajudge or magistrate shall not issue a body attachment for any judgment enteredprior to the effective date of this section. All peace officers authorized bythe law shall exercise the powers of a constable for purposes of making serviceof any writ or notice issued by the traffic tribunal pursuant to thiscollection procedure, including the execution of a body attachment. In theevent that a body attachment is executed, the detainee must be brought before ajudge or magistrate, or if the traffic tribunal is not in session before ajustice of the peace authorized pursuant to § 12-10-2 immediately upondetention or as soon thereafter as is reasonably practicable. The amount offees and fines due to the traffic tribunal shall be noted on a body attchmentissued pursuant to this procedure, and a justice of the peace shall accept saidmonies and order the release of the detainee if the amount due is tendered. Ifthe detainee claims an inability to pay the full amount due, the justice of thepeace shall order the release of the detainee pursuant to reasonable bail. Thechief magistrate of the traffic tribunal shall issue rules and regulations forthe collection process consistent with this section.
(b) A judge or magistrate of the traffic tribunal mayadjudicate a person in willful contempt and order him or her fined up to amaximum of five hundred dollars ($500) for each separate offense. Providedfurther that, if the judge or magistrate determines that the person is unableto pay the fine or judgment, he or she may order partial payments or establisha payment schedule for the payment of the fine or judgment.