My question involves a traffic ticket from the state of: Iowa
Not sure if this is the correct forum because the infraction is actually a civil case. The city of Davenport has assessed a fine against me for a speeding violation committed a driver of my vehicle.
Davenport ordnance 10.16.070 Automated traffic enforcement section C. 2. states: the vehicle owner shall be liable for a fine as imposed below if such vehicle travels at a speed above the posted speed limit.
Section D. 3. states: a recipient of an automated traffic citation may dispute the citation by requesting an issuance of a municipal infraction citation by the police department. Such request will result in a required court appearance by the recipient and in the scheduling of a trial before a judge or magistrate at the Scott County Courthouse.
Iowa code 364.22 Municipal Infractions, 6. b. states: The city has the burden of proof that the municipal infraction occurred and that the defendant committed the infraction. The proof shall be by clear, satisfactory, and convincing evidence.
My question is, based on the wording of the Davenport ordnance, if an issuance of a municipal infraction is requested, does the city have to prove that the defendant was the person who physically committed the infraction or merely that the vehicle was speeding and the defendant is the vehicle owner?
Thanks for your help.
Not sure if this is the correct forum because the infraction is actually a civil case. The city of Davenport has assessed a fine against me for a speeding violation committed a driver of my vehicle.
Davenport ordnance 10.16.070 Automated traffic enforcement section C. 2. states: the vehicle owner shall be liable for a fine as imposed below if such vehicle travels at a speed above the posted speed limit.
Section D. 3. states: a recipient of an automated traffic citation may dispute the citation by requesting an issuance of a municipal infraction citation by the police department. Such request will result in a required court appearance by the recipient and in the scheduling of a trial before a judge or magistrate at the Scott County Courthouse.
Iowa code 364.22 Municipal Infractions, 6. b. states: The city has the burden of proof that the municipal infraction occurred and that the defendant committed the infraction. The proof shall be by clear, satisfactory, and convincing evidence.
My question is, based on the wording of the Davenport ordnance, if an issuance of a municipal infraction is requested, does the city have to prove that the defendant was the person who physically committed the infraction or merely that the vehicle was speeding and the defendant is the vehicle owner?
Thanks for your help.
Speeding Tickets: Automated Traffic Enforcement by Speed Photo
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