(c) Rules of Evidence. The Rules of Evidence and statutes
that relate to evidence in infraction cases shall apply to
contested hearings. The court may consider the notice of
infraction and any other written report made under oath submitted
by the officer who issued the notice or whose written statement
was the basis for the issuance of the notice in lieu of the
officer's personal appearance at the hearing, unless the
defendant has caused the officer to be served with a subpoena to
appear in accordance with instructions from the court issued
pursuant to rule 2.6(a)(2).
(d) Factual Determination. The court shall determine whether
the plaintiff has proved by a preponderance of the evidence that
the defendant committed the infraction. If the court finds the
infraction was committed, it shall enter an appropriate order on
its records. If the court finds the infraction was not committed,
it shall enter an order dismissing the case.