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Section 7 Proof Beyond A Reasonable Doubt; <br /> Affirmative Defenses • <br /> ;(1) ,Every person charged with the commission of.an offense is <br /> .presumed innocent until proven guilty. No person may he <br /> , • convicted of an offense until each clement of such offorise <br /> is proven by competent evidence beyond a reasonable <br /> . -.doubt.. <br /> ;(2) Subsection (1) of this section does not: <br /> • <br /> •y(a.) require the disproof of an affirmative <br /> defense unless there is evidence to • <br /> support such defense; or <br /> -(b) -require the disproof beyond a <br /> ~reasonable doubt of any defense <br /> .4t,Thich the code or other ordinance <br /> _: E pressly requires the defendant <br /> • .-to prove by a preponderance of the • <br /> :evidence. <br /> • <br /> -(3) •1: defense is affirmative, within the meaning of subsection <br /> • (2) (a) of this section when it arises under a section of <br /> thin code which so provides. <br /> - -2(4). -Whenever a peace officer has probable cause to believe , <br /> -=that a person is committing a violation in his presence <br /> • .•_zts ,defined in Section 4, he will issue such person a <br /> citation and notice to appear in district court in the <br /> es-me manner as provided by the Rules of Courts of • <br /> __Limited Jurisdiction unless: <br /> ,(a) he is unable to reasonably ascertain the <br /> . actor's identity; or. <br /> • <br /> (b) he reasonably believes that the identification <br /> is not accurate. - - <br /> (5) Upon an arrest as provided in Paragraph 4 of this Section <br /> 7, such person may be held only to be photographed, <br /> 'administratively searched and fingerprinted, and must <br /> be released immediately thereafter. <br /> (6) if a person violates his promise to appear in court given <br /> in accordance with Paragraphs 3 and 4 of this Section 7, <br /> ti a warrant may be issued for his arrest and bail may be set. <br />