What is the name of your state (only U.S. law)? Lafayette, Louisiana
I received a Red Light Camera Notice of Violation in the mail for Red Light Violation. From the beginning, this has been a weird ticket. On the merit of the video, my wife was driving and she did proceed into the intersection when the red light was a solid red. She was taking a right turn on red, when the light turned red, the front of her car was past the Solid White stop line and it was in the cross walk, but not into the intersection.
The infraction occured on July 1, 2009. I received the ticket in the mail on September 14, 2009. The ordinance in my city states that the ticket has to be mailed to the owner within 30 days of the infraction. After 10 days the letter is assumed to be delivered to the owner.
I faxed a request for adjudication hearing to the customer service center as the ticket is $125 and the adjudication fee is only $30 if I am found liable. I didn't receive a call to schedule a hearing so 7 days later I called the listed number. They lady said she didn't receive my fax, and said if I don't get a call back within a day, then I need to call back. I refaxed the request and kept a copy of the proof of it going through from my fax machine.
The next day I still never received a call and so I called them again. A different lady questioned how it was that is was so long after the infraction that I was dealing with the ticket. She then noticed that they mailed the ticket to me on July 5th. She then said they received it back from the Post Office, which is weird because I have been living in the house listed on my Drivers License for over a year.
She said they reissued the ticket for the first time again September 12th. She also talked to another lady who said she did receive my adjudication hearing fax and would be calling me back to schedule a hearing first thing in the morning.
I have yet to receive a call from them to schedule a hearing and that was 2 weeks ago. The notice of violation states that I have until October 20, to either pay or request a adjudication hearing.
Louisiana Adjudication Law states that notice is to be supplied with the Adjudication Hearing Time, Place, etc...
Here are my questions about technicalities in the hearing:
1. Can I have them present proof of the original mailing in July and can I request that they present proof of the original mailing being returned? Can I request that they present the original envelope or can they just show a computer report that said they mailed it as proof?
2. Will my fax receipt count as evidence that I sent them the request for a Adjudication Hearing if they never call me back?
3. Should I call them back to say that I never received a call back about the hearing?
4. Should I just let this go past the October 20th deadline and then present my evidence to customer service or the city attorney of my following the instructions and they screwed up?
Here are some other facts, the notice says if I don't pay or request a hearing by Oct 20th I waive my right to an appeal process and my fine is 50% more, which is $187.50. If you don't pay they can report you to collections and sue you in small claims court.
5. Since I have the fax showing I did send the request for a hearing, will my appeal process rights be lost if I don't inquire to the customer service center before October 20th?
6. If they do report me to a credit reporting agency as a collection, can I sue?
7. Besides hiring an attorney which will cost me more then $187.50, what other options do I have?
Thanks,
Troy
I received a Red Light Camera Notice of Violation in the mail for Red Light Violation. From the beginning, this has been a weird ticket. On the merit of the video, my wife was driving and she did proceed into the intersection when the red light was a solid red. She was taking a right turn on red, when the light turned red, the front of her car was past the Solid White stop line and it was in the cross walk, but not into the intersection.
The infraction occured on July 1, 2009. I received the ticket in the mail on September 14, 2009. The ordinance in my city states that the ticket has to be mailed to the owner within 30 days of the infraction. After 10 days the letter is assumed to be delivered to the owner.
I faxed a request for adjudication hearing to the customer service center as the ticket is $125 and the adjudication fee is only $30 if I am found liable. I didn't receive a call to schedule a hearing so 7 days later I called the listed number. They lady said she didn't receive my fax, and said if I don't get a call back within a day, then I need to call back. I refaxed the request and kept a copy of the proof of it going through from my fax machine.
The next day I still never received a call and so I called them again. A different lady questioned how it was that is was so long after the infraction that I was dealing with the ticket. She then noticed that they mailed the ticket to me on July 5th. She then said they received it back from the Post Office, which is weird because I have been living in the house listed on my Drivers License for over a year.
She said they reissued the ticket for the first time again September 12th. She also talked to another lady who said she did receive my adjudication hearing fax and would be calling me back to schedule a hearing first thing in the morning.
I have yet to receive a call from them to schedule a hearing and that was 2 weeks ago. The notice of violation states that I have until October 20, to either pay or request a adjudication hearing.
Louisiana Adjudication Law states that notice is to be supplied with the Adjudication Hearing Time, Place, etc...
Here are my questions about technicalities in the hearing:
1. Can I have them present proof of the original mailing in July and can I request that they present proof of the original mailing being returned? Can I request that they present the original envelope or can they just show a computer report that said they mailed it as proof?
2. Will my fax receipt count as evidence that I sent them the request for a Adjudication Hearing if they never call me back?
3. Should I call them back to say that I never received a call back about the hearing?
4. Should I just let this go past the October 20th deadline and then present my evidence to customer service or the city attorney of my following the instructions and they screwed up?
Here are some other facts, the notice says if I don't pay or request a hearing by Oct 20th I waive my right to an appeal process and my fine is 50% more, which is $187.50. If you don't pay they can report you to collections and sue you in small claims court.
5. Since I have the fax showing I did send the request for a hearing, will my appeal process rights be lost if I don't inquire to the customer service center before October 20th?
6. If they do report me to a credit reporting agency as a collection, can I sue?
7. Besides hiring an attorney which will cost me more then $187.50, what other options do I have?
Thanks,
Troy