Received a camera speeding infraction (DMV ticket)

[mrmunchkins4]

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

Yes. Also, if the ticket was issued 2 days after when the officer claimed to see act on speeding camera, does this have an effect for me?

 

[quincy]

Yes. Also, if the ticket was issued 2 days after when the officer claimed to see act on speeding camera, does this have an effect for me?

Not if the date you were recorded speeding is correct.

 

[mrmunchkins4]

Not if the date you were recorded speeding is correct.

Not if the date you were recorded speeding is correct.

What is concerning is that the time they claim radar got me in the letter and the sworn statement of the officer submitted to PD are different by about 30 seconds. Also, he claimed to ticket me because I was going 16-20 over speed limit (25mph zone). But the ticket shows 40mph detection. This is a frivolous citation, then, according to officers sworn statement. Does this also help my case?

 

[quincy]

What is concerning is that the time they claim radar got me in the letter and the sworn statement of the officer submitted to PD are different by about 30 seconds. Does this also help my case?

30 seconds? No. That shouldn't help you.

 

[mrmunchkins4]

30 seconds? No. That shouldn't help you.

Also the officer claimed in sworn statement the event happened on 9th, but the ticket says radar got me on the 8th.
What?
They were also a block off from the enforcement location. And sworn statement said they got me at a reading of 40mph, but yet i was cited for going 16mph over a 25 which is 41mph.

Do you think I actually have a case here?

 

[quincy]

Also the officer claimed in sworn statement the event happened on 9th, but the ticket says radar got me on the 8th.
What?
They were also a block off from the enforcement location. And sworn statement said they got me at a reading of 40mph, but yet i was cited for going 16mph over a 25 which is 41mph.

Do you think I actually have a case here?

I think you have some reasons to fight the ticket. You might not get the ticket dismissed but you could get at least get it reduced.

 

[mrmunchkins4]

I think you have some reasons to fight the ticket. You might not get the ticket dismissed but you could get at least get it reduced.

As of now, timing, date of occurance, the fact the frequency is off, and violation because they are suppose to send digital radar photoage along the ticket which they didnt, i think i may get a dismissal.

 

[quincy]

As of now, timing, date of occurance, the fact the frequency is off, and violation because they are suppose to send digital radar photoage along the ticket which they didnt, i think i may get a dismissal.

That is always a possibility.

 

[mrmunchkins4]

That is always a possibility.

Hopefully!

 

[mrmunchkins4]

That is always a possibility.

Do you think if police submit some form of a affidavit, such as evidence log, without perjury statement, I could submit a motion to strike the evidence, because the affidavit is invalid?

Legal Clause:
DC Civil Rules - Rule 9-I. Verifications, Affidavits, and Declarations allows affidavits to be made, as long as a statement of perjury and truth is told.

 

[FlyingRon]

You could try. Understand DC hearing officers aren't judges, or even likely attorneys. You need to explain it to them and expect they'll ignore you anyhow.

 

[quincy]

Do you think if police submit some form of a affidavit, such as evidence log, without perjury statement, I could submit a motion to strike the evidence, because the affidavit is invalid?

Legal Clause:
DC Civil Rules - Rule 9-I. Verifications, Affidavits, and Declarations allows affidavits to be made, as long as a statement of perjury and truth is told.

All you can do is support as best you can any arguments you have on why the ticket should be dismissed. The odds of a dismissal are not in your favor as apparently only about a third of the tickets that are challenged each year are dismissed. The odds are better in getting a reduction in the fine.

I worry that you are trying too hard to discredit the officer and his report with little evidence to show the speeding ticket itself is invalid. The tickets that seem to be dismissed are those where the photos do not clearly show the vehicle or where several vehicles are pictured.

But I guess you go with what you have and hope you get a District adjudicator on a good day.

By the way, I think you are right on the lack of points for photo-enforced tickets but you should verify this. And you can always try negotiating for no points and a reduced fine anyway. I found nothing that shows the ability to serve community service hours in lieu of a fine but this is also something you can ask about.

 

[mrmunchkins4]

Furthermore, do you think

All you can do is support as best you can any arguments you have on why the ticket should be dismissed. The odds of a dismissal are not in your favor as apparently only about a third of the tickets that are challenged each year are dismissed. The odds are better in getting a reduction in the fine.

I worry that you are trying too hard to discredit the officer and his report with little evidence to show the speeding ticket itself is invalid. The tickets that seem to be dismissed are those where the photos do not clearly show the vehicle or where several vehicles are pictured.

But I guess you go with what you have and hope you get a District adjudicator on a good day.

By the way, I think you are right on the lack of points for photo-enforced tickets but you should verify this. And you can always try negotiating for no points and a reduced fine anyway. I found nothing that shows the ability to serve community service hours in lieu of a fine but this is also something you can ask about.

I frankly don't know how to argue against validity of the ticket. I didnt even see a digital image of infraction with my car, (which is normally how its suppose to go), so I can't even build a proper case. I don't even know if my plate were copied and stolen. I legitimately have no idea what's going on, and It would relieve me if they answered my discovery request. We will see though.

 

[mrmunchkins4]

All you can do is support as best you can any arguments you have on why the ticket should be dismissed. The odds of a dismissal are not in your favor as apparently only about a third of the tickets that are challenged each year are dismissed. The odds are better in getting a reduction in the fine.

I worry that you are trying too hard to discredit the officer and his report with little evidence to show the speeding ticket itself is invalid. The tickets that seem to be dismissed are those where the photos do not clearly show the vehicle or where several vehicles are pictured.

But I guess you go with what you have and hope you get a District adjudicator on a good day.

By the way, I think you are right on the lack of points for photo-enforced tickets but you should verify this. And you can always try negotiating for no points and a reduced fine anyway. I found nothing that shows the ability to serve community service hours in lieu of a fine but this is also something you can ask about.

Another question. Can I subpoena the operator for cross-examination?

 

[quincy]

Another question. Can I subpoena the operator for cross-examination?

What operator?

I suggest you show up with whatever evidence you have to show you do not deserve the ticket.