Hearing for Photo Red-Light Ticket

My question involves traffic court in the State of: Arizona

ARS 28-33069H states that:

H. A person whose driver license is suspended or revoked as provided in subsection A, paragraph 5 of this section may submit a written request to the department for an administrative hearing. The person shall submit the request for a hearing within fifteen days after the department provides the person with notice of suspension or revocation. On receipt of a proper request for a hearing, the department shall provide the person with an opportunity for a hearing in the county where the person resides within thirty days after the department receives the request.

The notice for my hearing is dated 7-30-2010. The hearing is for 9-01-2010...33 days later. Is this enough for me to move for a dismissal?

Peter

Sorry that is ARS 28-33069D:
"D. On the person's request, the department shall provide an opportunity for a hearing on the action taken pursuant to this section as early as practicable but not later than thirty days after receipt of the request. "

Same thing...different sub section.

Your thread is confusing... The thread title says you're asking about a:

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Quoting sonikdreem

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Hearing for Photo Red-Light Ticket

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Which I can only assume would require you to appear in court to contest the citation; and yet, in your post, you're citing the statute that deals with suspended/revoked licenses and the hearing you could request from the Department of Transportation to appeal their decision to suspend/revoke your license!!!

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Quoting sonikdreem

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My question involves traffic court in the State of: Arizona

ARS 28-33069H states that:

H. A person whose driver license is suspended or revoked as provided in subsection A, paragraph 5 of this section may submit a written request to the department for an administrative hearing. The person shall submit the request for a hearing within fifteen days after the department provides the person with notice of suspension or revocation. On receipt of a proper request for a hearing, the department shall provide the person with an opportunity for a hearing in the county where the person resides within thirty days after the department receives the request.

The notice for my hearing is dated 7-30-2010. The hearing is for 9-01-2010...33 days later. Is this enough for me to move for a dismissal?

Peter

Sorry that is ARS 28-33069D:
"D. On the person's request, the department shall provide an opportunity for a hearing on the action taken pursuant to this section as early as practicable but not later than thirty days after receipt of the request. "

Same thing...different sub section.

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You may be right 97% of the time...you are just not right this time. I am sorry you are confused.

If you continue to read, I ammended my post. Section D applies to my situation...it is however the same statement...please do not respond if you do not understand the issue.

I need help from a qualified person, not a layman with yet another two cents.

By the way, the statute I incorrectly copied and pasted does not say anything about the Departmant of Transportation. DOT itself does not hold hearings...just an FYI.

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Quoting sonikdreem

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You may be right 97% of the time...you are just not right this time. I am sorry you are confused.

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Actually, that 97% is the old number.... I've recently re-calculated it and it currently stands at 98.3% ;) I'm still working on that 4% though... :D

And BTW, there is no ARS 33069H or 28-33069D... You couldn't even type the numbers right and you're saying "I" am confused? :D

The correct statute(s) number(s) that you cited are ARS 28-3306H and ARS 28-3306D... Neither of which apply to the time limit of a court hearing for a Photo Red Light Violation, if that is what you're after!

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Quoting sonikdreem

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If you continue to read, I ammended my post. Section D applies to my situation...

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Again, your "situation" started with a Photo Red Light Ticket and quickly moved into a suspended/revoked license... Not sure how you made that leap, but OK, "I" am confused...

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Quoting sonikdreem

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I need help from a qualified person, not a layman with yet another two cents.

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Actually, I didn't offer you 2 cents, I was hoping you'd clarify what it is you're looking for AND I corrected your misunderstanding... Sorry it is not what you wanted to hear.

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Quoting sonikdreem

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By the way, the statute I incorrectly copied and pasted does not say anything about the Departmant of Transportation. DOT itself does not hold hearings...just an FYI.

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Both subsections that you cited clearly say "department".... And under ARS 28-101(15), "Department" means the department of transportation acting directly or through its duly authorized officers and agents".

Good luck!