§ 70.38  PRESUMPTION AS TO MOVING VIOLATIONS.
   (A)   In any prosecution in the Municipal Court charging the violation of any provision of this traffic code by the driver of a moving vehicle, proof that the particular vehicle described in the complaint was in motion in such manner or at such rate of speed in violation of such provision, together with proof that the defendant named in the complaint was, at the time of such alleged violation, the registered owner of such vehicle, shall constitute prima facie evidence that the registered owner of such vehicle was the person who drove such vehicle at the place or area where, and for the time during which, such alleged violation occurred; provided that, such prima facie presumption may be rebutted by competent evidence.
   (B)   This section shall not be applicable unless the driver of the vehicle described in the complaint was given notice of the alleged violation or, if such driver was not apprehended at the time of the alleged violation, the complaint was served upon the registered owner of the vehicle described in the complaint, such service to have been accomplished in any manner authorized by law.
(Prior Code, § 303.09)  (Ord. passed 4-2-1984)