§ 7-2A-6 COLLATERAL ATTACKS.
   (A)   Time limit. Except as otherwise provided in this section, no person against whom a judgment has been entered for an infraction shall collaterally attack the validity of that judgment unless such attack is commenced within six months after the date of entry of judgment.
   (B)   Litigation of stale claims; exceptions to time limitations. In recognition of the difficulties attending the litigation of stale claims and the potential for frustrating various ordained provisions and statutes directed at repeat offenders, former offenders and habitual offenders, the only exceptions to the time limitations specified in subsection (A) of this section shall be:
      (1)   A case in which the Municipal Court of the town did not have jurisdiction over the subject matter of the alleged infraction;
      (2)   A case in which the Municipal Court of the town did not have jurisdiction over the person of the violator;
      (3)   Where the Municipal Court of the town, after hearing the collateral attack, finds by a preponderance of evidence that the failure to seek relief within the applicable time period was caused by an adjudication of incompetence or by commitment of the violator to an institution for treatment as a mentally ill person; or
      (4)   Where the Municipal Court of the town, after hearing the collateral attack, finds that the failure to seek relief within the applicable time period was a result of circumstances amounting to justifiable excuse or excusable neglect.
(Ord. 2(1993) § 1)