Application for leave to dispute charge where fixed penalty paid
15(1)Notwithstanding subsection 14(8), a defendant who has paid a fixed penalty may, on delivering notice in prescribed form to the address specified in the ticket for payment of the fixed penalty or to any address or office of Service New Brunswick, appear in court at the time and place stated in the ticket for the defendant’s appearance and apply for leave to dispute the charge.
15(2)Where leave is granted under subsection (1),
(a)
the notice of prosecution shall be filed with the judge, and
(b)
the fixed penalty paid by the defendant shall be deposited with the office of the court and shall be retained until the proceedings are concluded.
15(3)When the proceedings are concluded, the fixed penalty retained under paragraph (2)(
b) shall
(a)
be returned to the defendant if the defendant is acquitted, or
(b)
be applied towards discharge of the fine if the defendant is convicted.
1990, c.18, s.6; 1991, c.29, s.6; 2007, c.33, s.2