Received a camera speeding infraction (DMV ticket)

[mrmunchkins4]

Nope.

Provide a explanation as to why. This is an administrative hearing. The civil procedures need to be met, as this is a civil citation, not a criminal matter.

 

[mrmunchkins4]

Can I get this case transfer from DMV adjudication services to Office of Administrative Hearings. In terms of discovery, how am I suppose to argue my case when all I know is I have active tickets under my name. I have not been presented with anything to go off of.

According to Pursuant to Rule 26(b)(1) and e Rule 26(b)(3) of the Superior Court Rules of Civil Procedure, I would be entitled to discovery in civil hearings.

Furthermore, § 50–2209.02 states:
¨The notice shall include the date, time, and location of the violation, the type of violation detected, the license plate number, and state of issuance of the vehicle detected, and a copy of the photo or digitized image of the violation.¨

However, I was never shown a photo or digitized image of the violation.

 

[mrmunchkins4]

Freeadvice members, do you think if I send a discovery request to DC police and DMV, and if they deny, can I request a motion to compel discovery to th hearing officer.

 

[mrmunchkins4]

Freeadvice members, do you think if I send a discovery request to DC police and DMV, and if they deny, can I request a motion to compel discovery to th hearing officer.

Can I call the dmv adjudication services and settle before trial?

 

[quincy]

Can I call the dmv adjudication services and settle before trial?

I could not find out that information for you, mrmunchkins4. Sorry. I only know that the DMV handles contested tickets. It won't hurt to call the DMV or a local traffic attorney to ask.

https://dmv.dc.gov/service/contest-minor-moving-violation

 

[FlyingRon]

The failure of the money grubbers to properly submit the citation indeed is something you should assert at your hearing and ask for them to vacate it.. You have to start with the DMV hearing. If they improperly refuse, then you can appeal. All the information on this is on the same DC pages where you applied for the contested hearing. Write back and let us know how it goes.

 

[mrmunchkins4]

The failure of the money grubbers to properly submit the citation indeed is something you should assert at your hearing and ask for them to vacate it.. You have to start with the DMV hearing. If they improperly refuse, then you can appeal. All the information on this is on the same DC pages where you applied for the contested hearing. Write back and let us know how it goes.

So I cannot settle pre-trial with dmv adjudication services before the hearing? i couldn't call them today, but I DEFIANTLY will tomorrow. I just want to use defense of possible failure of answering discovery & violation of DC code for not properly mailing ticket as a possible defense (that is, if they do not respond to discovery).

Even then, is there any relief programs such as traffic school, community service or maybe showing driving records with DC DMV records to show this was just a sole error and not a repetitive thing? Driving record is clean these past 2 years, except this one of course.

 

[quincy]

So I cannot settle pre-trial with dmv adjudication services before the hearing? i couldn't call them today, but I DEFIANTLY will tomorrow. I just want to use defense of possible failure of answering discovery & violation of DC code for not properly mailing ticket as a possible defense (that is, if they do not respond to discovery).

Even then, is there any relief programs such as traffic school, community service or maybe showing driving records with DC DMV records to show this was just a sole error and not a repetitive thing? Driving record is clean these past 2 years, except this one of course.

You can request traffic school to avoid points. I believe your speeding ticket comes with 4 points so traffic school could be a good idea. I suspect (but do not know) that payment arrangements for your fine can be made to fit your budget, if you are unable to pay the full amount at once.

 

[mrmunchkins4]

You can request traffic school to avoid points. I believe your speeding ticket comes with 4 points so traffic school could be a good idea. I suspect (but do not know) that payment arrangements for your fine can be made to fit your budget, if you are unable to pay the full amount at once.

Is there any like relief for the fine such as lowering it though? Do hearing officers normally agree to community service or traffic school in return for lower or no fine?

Also, can you cite the DC code that states a 4 point penalty. I believe this is a non-moving civil citation, because the ticket information on DC's portal shows zero points as penalty for my ticket.

Thank you

 

[quincy]

Is there any like relief for the fine such as lowering it though? Do hearing officers normally agree to community service or traffic school in return for lower or no fine?

Also, can you cite the DC code that states a 4 point penalty. I believe this is a non-moving civil citation, because the ticket information on DC's portal shows zero points as penalty for my ticket.

Thank you

If you were cited for speeding, that is a moving violation.

 

[mrmunchkins4]

If you were cited for speeding, that is a moving violation.

Ah, it said it was a civil fine though with no points. I dont think it will appear in public records, but still is a hassle.

 

[quincy]

Ah, it said it was a civil fine though with no points. I dont think it will appear in public records, but still is a hassle.

That's odd. It IS a civil fine but a speeding violation of 16-20 over should be a moving violation and should have points. Ask about this when you call the DMV tomorrow.

 

[mrmunchkins4]

That's odd. It IS a civil fine but a speeding violation of 16-20 over should be a moving infraction and should have points. Ask about this when you call the DMV tomorrow.

Alright. If I may ask, if the location of the address where the speeding camera resides and the address showing location of speeding camera on the ticket is different can the discrepancy be used a defense? The address they put has no actual speeding camera in that block. There is one nearby, but in a different vicinity.

 

[quincy]

Alright. If I may ask, if the location of the address where the speeding camera resides and the address showing location of speeding camera on the ticket is different can the discrepancy be used a defense? The address they put has no actual speeding camera in that block. There is one nearby, but in a different vicinity.

There was a photo taken of your car by a traffic camera wherever the camera was located, right?

 

[FlyingRon]

You can wait until you lose the hearing to do traffic school (you do it online).