38. The prosecutor may serve a prior notice on the offender by registered or certified mail. The notice shall indicate, in particular, the nature of the offence, the minimum fine prescribed for such offence, the amount of the costs fixed by government regulation and the place where the fine and costs may be paid.
The fine and costs are payable within ten days after service of the notice.
Payment of the fine and costs shall preclude penal proceedings against the person, who is then considered to have been found guilty of the offence.
Omission of the prior notice cannot be invoked against the prosecutor. However, an offender who, at the time of his appearance, pleads guilty and shows that such notice was not served on him cannot be condemned to pay an amount greater than that which he would have been required to pay by virtue of a notice.
R. S. 1964, c. 149, s. 38; 1974, c. 11, s. 39; 1981, c. 9, s. 34; 1982, c. 53, s. 58; 1989, c. 8, s. 10.