If you've received a speeding ticket in Washington, DC, you may be able to contest it. The first thing to do is check the ticket details, including the date, time, and location, and confirm whether you were driving the car at the time. You must be the registered owner of the vehicle to contest the ticket. You can then decide to either pay the fine, which could be up to $250, or request a DMV administrative hearing to contest the ticket. If you want to dispute the ticket, do not pay the fine. You can request a hearing by mail, online, or in person, and you must do so within 30 days. If you're unhappy with the hearing examiner's decision, you can submit a Motion for Reconsideration within 30 days.
What You'll Learn
Plead not guilty and request a DMV hearing
If you want to contest a camera speeding ticket in DC, you must not pay the fine. Once you have paid the fine, you can no longer contest the ticket. You must plead not guilty and request a DMV hearing to contest the ticket.
To plead not guilty and request a DMV hearing, you can respond to the citation by mail, online, or in person. Check your citation for instructions and deadlines. You usually have 30 days to dispute the ticket. If you are responding by mail, include your statement, defence, and any evidence you want the hearing examiner to consider. Send your response to:
> DMV Adjudication Services
> ATTN: Mail Adjudication
> PO Box 37135
> Washington, DC 20013
If you are the registered owner of the vehicle, you can contest the ticket in person at the Adjudication Service Center. Bring your vehicle registration and any other relevant documentation. If you are not the registered owner, the owner must authorize you to act on their behalf by completing and signing a power of attorney form.
If you are found guilty and are unhappy with the hearing examiner's decision, you may submit a Motion for Reconsideration within 30 days of the decision.
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Prove your innocence with a police report
If you want to contest a speeding ticket in DC, you must do so without paying the fine and/or penalty. Once you have paid, you can no longer contest the ticket nor request a refund.
To prove your innocence with a police report, you must first file a report with the Metropolitan Police Department. Then, request a DMV administrative hearing to contest the ticket. At the hearing, you must appear with a copy of your police report. An attorney can help you contest the ticket and can appear on your behalf. They may be able to provide information that will challenge the photograph taken by the speed camera or mitigate the circumstances.
It is possible to receive a speed camera ticket even if you were not speeding. For example, if your vehicle or license plate was stolen at the time the license plate was photographed by the speed camera, you may receive a speeding ticket in error.
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Argue the photo is inadmissible
If you want to contest a camera speeding ticket in Washington, DC, it is important to not pay the fine and/or penalty. Once you have paid, you can no longer contest the ticket nor request a refund.
To contest a ticket, you must be the registered owner of the vehicle and present the vehicle registration. Alternatively, the owner must authorize someone to act on their behalf by completing and signing a power of attorney form.
If the photo you received is blurry and the license plate is not clearly visible, you may argue that it is difficult to confirm that the vehicle is yours. Additionally, if there is no clearly identifiable photo of you in the driver's seat, you can argue that the prosecution cannot prove that you were driving, especially if you live in a jurisdiction that requires tickets to be issued to the driver, not the registered owner of the car.
You can also dispute the authenticity of the photograph by requesting full maintenance records for the camera and the speed monitoring system. If their accuracy was not tested within a reasonable period before your ticket was issued, you may be able to argue that the photo is unreliable as evidence.
If no one from the company that maintains the camera shows up to testify, you can object to the use of the photographs for lack of foundation. The prosecution must present evidence that the camera, the system that connects it to the traffic light, and the traffic light itself were functioning properly to establish the reliability of the photo.
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Request camera maintenance records
If you want to contest a speeding ticket in DC, it's important to understand the process and your options. Speeding tickets issued by speed cameras in DC are enforced and handled by the DC Department of Motor Vehicles (DC DMV). While speed cameras are useful for reducing accidents and enhancing safety in areas like school zones, sometimes the recipients of these tickets may want to dispute them. Here are some key points to keep in mind:
Understanding the Ticket and Your Options:
Before taking any action, it's crucial to understand the ticket timeline, your available options, and the potential consequences. The ticket will outline the alleged speeding infraction, including the date, time, and location where the violation occurred. You have the right to either pay the fine or contest the ticket. Paying the fine essentially closes the case, but if you believe you were wrongfully accused, you can choose to dispute the ticket.
Requesting Camera Maintenance Records:
When contesting a speeding ticket from a speed camera, one potential strategy is to scrutinize the camera's maintenance records. Here's a step-by-step guide on how to approach this:
- Identify the Camera's Location and Details: To request maintenance records, you need to pinpoint the exact camera that captured the alleged violation. Identify the specific location of the camera, such as the intersection or street address. Additionally, gather any other relevant details about the camera, such as its unique identifier or serial number, if possible.
- Contact the DC Metropolitan Police Department: The DC Metropolitan Police Department is responsible for selecting the locations of speed cameras in DC. Reach out to them and express your intention to obtain maintenance records for a specific camera. They may direct you to the appropriate department or provide you with contact information for the vendor or agency in charge of camera maintenance.
- Submit a Freedom of Information Act (FOIA) Request: The DC government adheres to the Freedom of Information Act, which allows individuals to request access to government records. You can submit a FOIA request to the DC Metropolitan Police Department or the relevant agency handling camera maintenance. In your request, provide as much detail as possible about the specific camera, including its location and any identifying information. Clearly state that you are seeking maintenance records, calibration records, and any reports of malfunctions or repairs for that particular camera.
- Follow Up on Your Request: After submitting your FOIA request, stay proactive by following up with the appropriate agency. Inquire about the status of your request and confirm the expected timeline for receiving the records. It's important to be persistent yet polite in your communication.
- Review the Maintenance Records: Once you obtain the camera maintenance records, scrutinize them thoroughly. Look for any signs of malfunctions, repairs, or calibration issues around the date of your alleged violation. Any discrepancies or issues found in the records could potentially be used as evidence to support your case during the ticket dispute process.
Initiating the Contestation Process:
If, after reviewing the camera maintenance records, you still believe you have grounds to contest the ticket, you can proceed with the dispute process. Here's an overview:
- Do Not Pay the Fine: It's important to refrain from paying the fine associated with the speeding ticket. Paying the fine is an admission of guilt, and once the fine is paid, you typically waive your right to contest the ticket.
- Request a DMV Administrative Hearing: Contact the DC DMV to initiate the process of requesting an administrative hearing to contest the ticket. You can do this by mail or in person, and it's crucial to act promptly as there are usually time limits for submitting your request.
- Gather Evidence and Prepare Your Defence: During the administrative hearing, you will have the opportunity to present your defence and any evidence that supports your case. The camera maintenance records you obtained can be pivotal in your defence. Additionally, consider other potential evidence, such as your own records or witnesses, that can corroborate your claim of innocence.
- Attend the Hearing: At the administrative hearing, a hearing examiner will review the evidence and make a decision. Ensure that you attend the hearing and present your case clearly and concisely. If you believe that an attorney can help strengthen your case, consider seeking legal representation. An attorney may be able to challenge the photographs or provide mitigating circumstances on your behalf.
Remember, it's your right to dispute a speeding ticket if you believe you were wrongfully accused. By requesting camera maintenance records and following the steps outlined above, you can approach the contestation process with a well-informed strategy.
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Research the law and raise defences
If you want to contest a speeding ticket in DC, it's important to understand the relevant laws and any defences you can raise. Here's a detailed guide to help you navigate the process:
Research the Law:
The first step is to understand the speeding laws in DC. According to DC traffic regulations, the speed limit is the maximum speed a vehicle can legally operate on a specific road. The absolute speed limit in DC is 55 miles per hour on interstate highways and 25 miles per hour on all other roads unless otherwise designated. On alleys, the speed limit is 15 miles per hour, and in school zones, it's 15 miles per hour when the school zone sign is flashing. When there is no time indicated, the speed limit is 15 miles per hour during recess or when children are coming to or leaving the school.
Understand Defences:
There are several defences you can raise when contesting a speeding ticket. Here are some common defences to consider:
- Emergency: You can argue that you were speeding due to an emergency situation, such as rushing a pregnant woman to the hospital or avoiding a potential collision.
- Mistaken Identity: If you believe your vehicle was mistaken for another speeding car, you can challenge the ticket by providing evidence that your car was elsewhere or not in use at the time of the incident.
- Wrong Driver: If someone else was driving your car and you were wrongly identified as the driver, you can contest the ticket by providing evidence of the actual driver's identity.
- Jurisdictional Issues: If the officer who issued the speeding ticket was outside their jurisdiction, this could be a valid defence. However, this defence may be challenging to prove.
- Calibration and Maintenance of Equipment: You can contest the accuracy of the speed measurement by questioning the calibration and maintenance records of the speed camera that captured your alleged offence.
Remember, when contesting a speeding ticket, it's crucial to act promptly. Do not pay the fine or penalty, as it may waive your right to contest the ticket. You can contest a ticket virtually, online, by mail, or in person.
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Frequently asked questions
You should not pay the fine and/or penalty. You can contest a ticket virtually, online, by mail, or in person.
A DC DMV hearing examiner will read the information you submit to adjudicate the ticket and will decide whether you must pay the fine and any penalty, or if the ticket should be reduced or dismissed based on DC Code and traffic regulations.
Generally, the prosecutor must prove that you were driving in that location at that date and time. If someone else borrowed your car, you cannot be prosecuted.
Some states recognize a necessity defense for speeding. Since a camera cannot tell why you were speeding, you may be able to get out of the ticket this way.