Fighting the Bluff City Photo radar Notice of Violation
If you just got a photo radar speeding ticket from Bluff City, Tn and you want to do something other than just pay a fine you may want to read the articles on the web site on how to defend yourself. Your best defense is to know what you are up against and how to respond to it. I decided to fight the process because I got the Notice of Violation as the registered owner. I was not the driver. Fining me because I own the vehicle pissed me off. So I set out on a quest to see what could be done. You will find several articles that give you a basic education of what the situation really is and then articles on how to respond. If you are just going to pay the fine for whatever reason then the rest of these articles are just for your education and entertainment.
On the other hand if you are willing to invest some time you may be able to win your case or at the very least make Bluff City have to expend time and money to win their case. I think we can bury them in enough legitimate paperwork that we can have an impact. Even if you lose the first round you can always file and appeal and that will cost them more still. If the system doesn’t prove to be effective on a cost/benefit basis Bluff City may drop the system. That will happen only if enough people are willing to take a stand.
There is a strategy to the process:
First: after you receive the Notice of Violation and decide not to pay it they will send you a Notice to Appear with a hearing date. When you receive the Notice to Appear you can ask for a continuance because you need time to prepare your case. Usually they will give you another 45 to 60 days. This delays their payday still further.
Second: Get the information you need to understand the process. I have done several articles on Administrative law, Filing an answer, evidence, Motions and what you can do at the hearing, questions for the hearing officer and the police officer. I am not a lawyer and this is not legal advice. It is information and ideas based on a lot of research and experience.
Third: File an answer to the Notice of Violation. There will be an article on filing an answer and a sample you can modify to your situation. An answer just disputes or agrees with what the notice indicates. The answer I created is based on my circumstances. Yours may be different so adjust as you need to.
Fourth: Send Motions to the hearing officer/court asking for the things you want like a change of venue/new judge, motion for a common law trial, motion to produce discovery, motion to dismiss due to lack of subject matter jurisdiction, motion to dismiss for lack of jurisdiction over you, motion to dismiss because the ordinance was not properly enacted, motion to dismiss because ordinance violates state law, motion to quash evidence etc. I suggest you at least read the motions I have done for ideas on how to do your own.
Fifth: You may get your violation dismissed for one or more of the reasons you have sent motions on. If the hearing officer waits until the day of the hearing to address the motions he may or may not even look at them. If you don’t challenge him (in a respectful way) to respond to the motions he will just go past them. If he denies your motions ask why as to each one of them. Make notes of how he ruled as to each motion. This is the stuff that appeals are made of. If he grants some motions and not others you still want to know why he wouldn’t consider the others.
Sixth: If he still finds you guilty or better still sets a trial date you have a better chance of having the ticket dismissed in a real court.
Seventh: If you are found guilty ask for a new trial. If you have sent in all the paper work you have a fighting chance. Good luck.
Government at any level will not prevail against citizens when they are compelled to adhere to the rule of law, but t often they prevails against citizens because they ignores the law, twists the meaning of the law, and overwhelms the citizen with economic and legal burdens. In a school yard, such tactics are called "BULLYING". In a government setting, such tactics are called "TYRANNY". This effort is the equivalent of ganging up on the bully and sending him to reform school where he belongs. This is a battle worth fighting and we have a chance of winning and sending a message.