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Old 03-11-2015, 08:40 AM
 
1,264 posts, read 2,439,018 times
Reputation: 585

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Was driving in DC, under an underpass at 39. I thought the speed limit was 35 since it was a commericial not residental district.
I also had no idea there was a speeding camera, unlike MD which posts warnings.
So I got a nice ticket.

I did some research and found this gem:

How to Beat a Photo-Enforced Speeding Ticket (or Red Light Ticket) | Virginia Cop Block

Quote:
Last year I received a letter in the mail from the Washington D.C DMV claiming I was speeding. As you can see it was one of those Photo-Enforced Speeding Tickets and they had multiple pictures of my CAR. I knew better to just submit and pay a fine like the majority of people do in this country, unfortunately. I am in the habit of not taking “plea deals”, and I am always in the habit of fighting my tickets and NOT pre-paying them so I don’t have to go to court – like many folks do. I just about always record my interactions with the police, whether it’s a traffic stop or not, that way it keeps the entire situation objective, transparent and I can hold the public servant accountable if he/ she violates my rights.
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I sent the SAME letter, with a few changes obviously, to DMV Adjudication services.

I got a response back in a week saying:

"After careful review of your request, it is hereby denied based on the following:

The Automatic Traffic Enforcement (ATE) Act authorizes the use of an automated traffic enforcement system within the District of Columbia to detect moving violations. DC Official Code 50-2209.01-03. Information such as recorded images captured through the ATE system may serve as proof that an infraction has occurred. DC Offical Code 50-2209.01(a). These recorded images are "prima facie evidence of an infraction and may be submitted without authetication" DC Offical code 50-2209.01b.

Additionally, title 18, section 1035.1 of the DC Municipal Regulations sets forth the paramets for deeming a photo radar device correctly calibrated. Those parameters have been met. You can also view the images and other documentation by using the website and PIN number on the notice of infraction or follow-up notice concerning the violation.

Finally, DC Official Code 50-2302.06 states "no officer is required at the hearing when a violation is deteced by an automated traffic enforcement system."

If you did not submitt a written statement if your defense regarding the ticket, you will need to address the violation in writing or person. You may prent this letter to the hearing desk at DC DMV ADJ Services on any business day between 8:30 and 4 PM for a walk in hearing.

You may also provide a written statement. Respond within 15 calendar days or risk additional fines.



OK...so what do I do now? Pay? Seems to be either Nathan got a break for being a vet OR DC has fixed the loophole. Anybody else have this happen?

Last edited by Yac; 03-12-2015 at 03:46 AM..
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Old 03-11-2015, 11:00 AM
 
55 posts, read 146,104 times
Reputation: 68
You may swear an affidavit naming the individual who was driving. It must be legal testimony that you were not the driver.

Regards
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Old 03-11-2015, 06:30 PM
 
1,264 posts, read 2,439,018 times
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Quote:
Originally Posted by Coopdeville1 View Post
You may swear an affidavit naming the individual who was driving. It must be legal testimony that you were not the driver.

Regards
My son I believe was driving. What should I do in response?
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Old 03-11-2015, 08:32 PM
 
3,307 posts, read 9,382,105 times
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Quote:
Originally Posted by Hudlander View Post
Was driving in DC, under an underpass at 39.[/font]
Quote:
Originally Posted by Hudlander View Post
My son I believe was driving.
Uhhh...
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Old 03-11-2015, 08:45 PM
 
566 posts, read 1,557,208 times
Reputation: 466
FYI, when I contested my one and only speed camera ticket, they told me that adjudication had a 1-year backlog of cases to review. 13 months later I got a reply that didn't dismiss my ticket but reduced it by $50. They also gave me over a year to pay the B.S. ticket (going 36 on a wide commercial street with no residential or schools anywhere nearby).
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Old 03-11-2015, 09:14 PM
 
1,264 posts, read 2,439,018 times
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Quote:
Originally Posted by pcity View Post
Uhhh...
No, I was trying to ask if that is what I should say...I was confused by the poster's response.
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Old 03-11-2015, 09:27 PM
 
2,090 posts, read 3,575,984 times
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Old 03-11-2015, 10:31 PM
 
Location: Chicago IL
490 posts, read 649,844 times
Reputation: 525
Plead the 5th, it's up to them to prove who was driving the car.

1, 2, 3, 4, fifthhhh!
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Old 03-11-2015, 11:56 PM
 
4,361 posts, read 7,076,154 times
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DC DMV doesn't care who was driving the car, as long as it's registered to you. That's why no points will go on your record, and your insurance won't increase - - - since they can't prove you personally were driving that day.
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Old 03-12-2015, 04:24 AM
 
55 posts, read 146,104 times
Reputation: 68
You either accept that you were speeding and pay the fine or don't. A lot of people use the defense that the Gov can't prove who was driving. This is why the fines are issued to the registered owner of the vehicle and not the driver. This is the reason you also don't accrue points for speeding... just the fine. Points are attributed to a specific individual's driving record, not the registered owner.

So, if you admit to driving either pay the fine OR you could request calibration documents and schedule a hearing..
Regards

Last edited by Coopdeville1; 03-12-2015 at 04:45 AM..
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