Received a camera speeding infraction (DMV ticket)

[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.

Also found out, that beyond administrative appeal, I could also appeal this case to the Circuit Court of DC. This is also another option for me. I also found out that I may be eligible for the fee waivers based off my income/situation.

 

[mrmunchkins4]

What operator?

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

DC police sent me citation based off what the operator said (who works for DC govt). Could I subpoena him and cross-examine, or is this not usually granted?

Also, thats the thing, I have nothing to go off as of now. I'm trying to get a response from discovery request, a complete citation in-mail as required by DC law, and a subpoena to cross-examine and build proper facts in my case. Even then, I just want to gradually proceed step by step, until the case is dismissed, or my pre-trial settlement motives do not work, to be prepared for trial. If they answer my discovery request, send me a proper citation etc. I can use that information to build a defense for reduced fine or dismissal, depending on evidence and facts at play.

 

[HighwayMan]

How about this... stop speeding. If your life is so consumed by this one ticket then maybe you should use Google Maps wherever you go - it seems to be pretty good at warning you when you get close to a speed camera in the District of Columbia and Maryland.

 

[mrmunchkins4]

Another thing is I checked the location of enforcement, and there is no reasonable warning of "photo enforced" sign or something similar. Could this help as well?

In addition, as I said, I cannot recall when I sped, and furthermore, I do not even KNOW if I was speeding, because all I received was a ticket of me going past posted speed limit, without any proof from the radar, or a picture of my plate/car and photo of the offense.

 

[quincy]

Also found out, that beyond administrative appeal, I could also appeal this case to the Circuit Court of DC. This is also another option for me. I also found out that I may be eligible for the fee waivers based off my income/situation.

If you lose your challenge (and, again, less than 40% of those who challenge a ticket will have an adjudicator rule in their favor), you will have about 30% chance of winning your appeal.

You are more likely to get a ticket reduction and a fee reduction (or potentially a fee waiver).

For your hearing, dress nicely, don't smell like smoke or heavy cologne, don't interrupt, be polite to everyone, present your arguments calmly.

 

[mrmunchkins4]

If you lose your challenge (and, again, less than 40% of those who challenge a ticket will have an adjudicator rule in their favor), you will have about 30% chance of winning your appeal.

You are more likely to get a ticket reduction and a fee reduction (or potentially a fee waiver).

For your hearing, dress nicely, don't smell like smoke or heavy cologne, don't interrupt, be polite to everyone, present your arguments calmly.

This is the plan so far. I will write a motion to compel discovery, and submit to hearing officer, and in court focus on the fact of a fair due process, in hopes of dismissal/continuance, and violation of DC code § 50–2209.02 for improper mailing of the citation.

I hope the administrative judge is sane to assume a deafdent cannot prepare for a defense if he has no image of him commiting the offense, alongside my good faith attempt to collect evidence related to litigation through a discovery request, which seems to be ignored by LEA.

 

[quincy]

This is the plan so far. I will write a motion to compel discovery, and submit to hearing officer, and in court focus on the fact of a fair due process, in hopes of dismissal/continuance, and violation of DC code § 50–2209.02 for improper mailing of the citation.

I hope the administrative judge is sane to assume a deafdent cannot prepare for a defense if he has no image of him commiting the offense, alongside my good faith attempt to collect evidence related to litigation.

Okay. But be prepared for a different argument if you receive the documents you request prior to the hearing.

Good luck. Let us know how your hearing goes.

 

[HighwayMan]

Another thing is I checked the location of enforcement, and there is no reasonable warning of "photo enforced" sign or something similar. Could this help as well?

No. There are speed cameras all over DC and the surrounding areas of Maryland and there are very few signs. You are expected to obey posted speed limits and you should assume that if you don't you stand a good chance of getting a ticket.

And reporting posts just because you don't like what is told to you is immature and petty. Maybe you should go hire an attorney.

 

[quincy]

mrmunchkins, your thread will be locked if you continue to report members' posts without good reason. If you don't like what someone says in a post, please just ignore the post.

 

[mrmunchkins4]

Okay. But be prepared for a different argument if you receive the documents you request prior to the hearing.

Good luck. Let us know how your hearing goes.

I believe DC Code § 50–2201.31 has a discretionary belief to "photo enforced" signage. It states that for moving violations, signs should be posted warning drivers, if the zone is considered "strict"

Quote from code:

1. "warning that automated cameras are used to enforce a wide range of moving violations."

2. "The signs shall be posted throughout the District, in locations as determined by the Mayor to be necessary or appropriate"

Could I argue if there is no nearby photo enforcement sign, that it is necessary and appropriate, and improper according to this statue? Also, what classifies in most states of an area as "strict enforcement"?

 

[mrmunchkins4]

mrmunchkins, your thread will be locked if you continue to report members' posts without good reason. If you don't like what someone says in a post, please just ignore the post.

I personally messaged the user about his concern.

 

[HighwayMan]

I personally messaged the user about his concern.

Which I refuse to read. It's been deleted. I do not respond to or even read PM's from anyone other then regulars.

 

[mrmunchkins4]

Which I refuse to read. It's been deleted. I do not respond to or even read PM's from anyone other then regulars.

No problem. I will just ignore you accordingly.

mrmunchkins, your thread will be locked if you continue to report members' posts without good reason. If you don't like what someone says in a post, please just ignore the post.

What do you think of clause I cited?

 

[HighwayMan]

2. "The signs shall be posted throughout the District, in locations as determined by the Mayor to be necessary or appropriate"

Could I argue if there is no nearby photo enforcement sign, that it is necessary and appropriate, and improper according to this statue? Also, what classifies in most states of an area as "strict enforcement"?

Yes, they ARE posted throughout the District as well as the surrounding areas of Maryland. You just didn't see them. Or maybe just ignored them.

 

[mrmunchkins4]

=

Yes, they ARE posted throughout the District as well as the surrounding areas of Maryland. You just didn't see them. Or maybe just ignored them.

Stop commenting on my thread. I've asked nicely. Thank you.