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HomeMy Public PortalAboutMcLaughlin Final Administrative Order - PaidFINAL ADMINISTRATIVE ORDER -SECTION-3] 60083, FLORIDA STATUTES G'IOLATION Hearing Location: Crestview City Hall 1. Petitioner: _Cory McLaughlin 2. Enforcement Officer: —Donald Howe 3. Hearing Officer: _Sam Taylor 4. Clerk: Maryanne Schrader Date: 1/18/2022 Time: 5:30 PM REGISTERED VEHICLE OWNER & VIOLATION INFORMATION 1. Registered Vehicle Owner : Cory McLaughlin And Address 320 Crooked Pine Trail, Crestview, FL 32539 2. Violation Date :10/10/21 3. Violation Number :1012000000093181 4. Vehicle Tag Number :KLZP73 5. Uniform Traffic Citation No. (If Applicable) PRELIMINARY MATTERS, FINDINGS OF FACT, RULINGS OF LAW, ORDER, PENALTY AND COSTS I. PRELIMINARY MATTERS A. Continuance Yes No l . Date Requested Continuance: 2. New Hearing Date: B. Appearance of Petitioner/Registered Vehicle Owner 1. In Person ; Address Confirmed 2. By Affidavit of Defense 3. Failure to Appear 1 II. FINDINGS OF FACT A. When the traffic control signal device turned red, did the driver stop before entering the crosswalk on the near side of the intersection, stop at or before the stop line on the near side of the intersection or, if none, then before entering the intersection: Yes No B. Other Findings of Fact: III. CONCLUSIONS OF LAW A. Violation of Section 316.074(1), Florida Statutes: Yes B. Violation of Section 316.075(1), Florida Statutes: Yes C. Violation of Section 316.0083, Florida Statutes: Yes D. Other Conclusions of Law: No No No 2 IV. ORDER A. Uphold the Violation of Section 316.0083, Florida Statutes B. Dismiss the Violation of Section 316.0083, Florida Statutes V. PENALTY/COSTS: A. Penalty: $158.00 B. Costs: S 75.00 Total amount due: $233.00 DONE AND ENTERED this day of County, Florida. Samuel Taylor Magistrate f 44 )-;,dy� 2022, in Crestview, THE PETITIONER IS REQUIRED TO PAY THE ABOVE AMOUNT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS FINAL ADMINISTRATIVE ORDER. AN AGGRIEVED PARTY MAY APPEAL THIS FINAL ADMINISTRATIVE ORDER CONSISTENT WITH THE PROCESS PROVIDED UNDER SECTION 162.11, FLORIDA STATUTES. HEARING EXHIBITS ATTACHED 1. Notice of Violation 2. Request For Local Hearing 3. Affidavit Requesting Hearing and Forfeiting Ability to Consent Delivery 4. Affidavit for Photo Enforcement Violation Notice 5. Notice of Hearing 6. Vehicle Registration 7. 8. 9. 10. 3 AFFIDAVIT FOR PHOTO ENFORCEMENT VIOLATION NOTICE �A STATE OF: F'I (_ y I ack SS COUNTY OF: AFFIDAVIT OF DEFENSES Name: nt� ts kt— j-4AAAJOC'� I " A t Telephone No: l C\ I IrwhideAr, a code) Address: I License Plate No: )tk L- P ri Number aml Nrarei Violation No: ILI jAddreis d) Mpentrs'u C'awf '#y Violation Date- iCXt;vtjteandZ C.J --4v '&'� I I I Officer Name: E-Mail: ss) -are (Affidavit ntust he notarized) 1­1 i2iCLufi�'f11l(_i_(print or type nanie), being first dulys-worn, hereby swear oraffirm. (Check as applicable) I hereby request formal hearing before a local court or hearing officer. I understand that I inust submit this request for the assigned local hearing officer within 60 days from the date posted on the Notice Of Violation (NOV). I understand that by filing a request (or this hearing, I waive my ability to contest the delivery of the NOV is set forth in F.S.S. 316.083 (q) and (d). I understand that I have the Option to reschedule a hearing once by noti(ying the appropriate clerk of the court and/or the clerk for the loci) hearing officer in writing at least 5 calendar days prior to the scheduled hearing. I understand that if I do not reschedule my hearing and I fail to appeal- for this hearing that I will be adjudicated guilty and I am responsible for all fines and/or fees and that a vehicle registration stops will be placed on my record. I also understand that if the NOV is affirmed by the court and/or local hearing officer, that I arn responsible for the payment of the original penalty plus kill to $250.00 in local fees asset forth in FS.S. 316-083 (5). C1 I was not the owner of the vehicle identified in the subject Notice of Violation on the (late of the alleged violation, E] The above identified vehicle and/or license plates were stolen before clan alleged violation occurred and neither was in my possession or N.— control at such time. I have attached a certified copy, of the police report related to this assertion. the driver of the vehicle during the alleged violation passed through the intersection when the light was red either (i) to yield the right- M to an emergency vehicle, or (ii) as part of I funeral procession. "The- driver of the vehicle during the alleged Violation passed through the intersection when the light was red at the direction of I police officer acting within the scope of his duties. Tile driver of the vehicle during the alleged violation passed through the intersection when the light was red received a Uniform Traffic Citation for tile same conduct issued by a police officer, I have attached a copy of the Uniforin'rraffic citation to this Affidavit. 'I They vehicle's owner was deceased on or before the date of the violation, You must strbinit (1) a hill of sale or other document showing that the vehicle was sold after tire death but before the violations, (11) proof that tile license plate was returned after deattr but before the violation, or fill) a police report showing that the vehicle at- plates were stolen after death, but before the date of tile violation. Further Affiant sayeth not. A-14WILL 2A (Vor') Subscribed and Sworn before tile this � day of Signat Jdoi.n. Public The vehicle identified in the Subject Notice orviolati - oil was, at the time of tile alleged violation, under the care custody and control of the following named individual: Name: Address: Birth Date.: —Sex.-, Drivers License No.: Telephone No.: 'Ifol.1hiforination isnotprovided, tit is-Afflida vir vviil be rejected ......... RMWfUNTIRE 21fthis sectlon is completed, the named individual ivill receive a :history Public -State of Florida Notice of Violation and hill have sixty (60) days to respond. Commission N GG T121 16 MY Commission Expires -May 07, 2023 Please mail the Affidavit and supporting documentation to: City of Crestview Police Department, 201 Stillwell Boulevard, Crestview, Florida 32539-2221 Affidavit Requesting Hearing and Forfeiting Ability_to Contest Delivery. l L t 01,-XL- % 'll+ hereby request a formal hearing before a local court or hearing officer in the county of L\CCN\ .k ~i (COUNTY) I understand that I must submit this request to the Clerk of the Court or the City Clerk for the assigned local hearing officer within 60 days from the mate posted on the Notice of Violation (NOV). I understand that by filing a request for this hearing, I waive my ability to contest the delivery of the NOV as set forth in F.S.S. 316.083 (c) and (d). I understand that I have the option to reschedule a hearing once by notifying the appropriate clerk of the court and/or the city clerk for the local hearing officer in writing at least 5 calendar days prior to the scheduled hearing. I understand that if I do not reschedule my hearing and I fail to appear for this hearing that I will be adjudicated guilty and I am responsible for all fines and/or fees and that a stop will be placed against the registration of all vehicles that have me listed as a registrant. I also understand that if the NOV is affirmed by the court and/or local hearing officer, that I am responsible for the payment of the original penalty plus up to $250.00 in local fees as set forth in F.S.S. 316.083 (5). l attest that I fully understand the stipulations of these laws and the associated penalties. Sworn by me on ,C\ZL^ and affirmed by my signature below. Printed Name: i ,t_,t 0 (I IL t A-K H MI i Signature of Requestor: I r —1 (l•',J'�., t Date Signed. l L 4. Please mail the Affidavit and supporting documentation to: City of Crestview Police Department, 201 Stillwell Boulevard, Crestview, Florida 32539-2221 REQUEST FOR LOCAL HEARING RED LIGHT VIOLATION DriverlVehicle Owner and Notice of Violation Information (NOV) (To be provided by requestor) Date: I',, I i L I ltll Name (Typed or Printed): C 1(t M t(l Mailing Address: d 1� t City: V t C I , State* Irx zip: Telephone Number: I T.)i � t q 2:rFax: E-mail: (7 1H I NOV Number:111-2- u u (s q;) I f3 t NOV Date: I L Z I 7-C 71 Tag Number: 1' Driver License Number cif lf Agency/issuing Authority: I' lt'�1NiWi YLI\( Issuing OfficeriAgent Name: DrIfy, lrf (' flmkyt ' Badge #: Local Court or Hearing Officer Information (To be provided by local authority) Local Court or Hearing Officer Address: City: State: Zip: POC Telephone Number Fax: Please mail the Affidavit and supporting documentation to: City of Crestview Police Department, 201 Stillwell Boulevard, Crestview, Florida 32539-2221 NOTICE OF RED TRAFFIC SIGNAL. VIOLATION Traffic Safety Division 201 Stillwell Boulevard Crestview, FL 32530 850-306-3079 CORY MCLAUGHLIN 320 CROOKED PINE TRL CRESTVIEW, FL 32539-5798 30121301 000093181 f Plate Number: K17P73 Password: AuQRjNa6 View your violation at www.ZeroFatatity.com Your vehicle was photographed running a red light, in violation of §316.075(1)(c)1, -- Florida Statutes. Location: S Ferdon Blvd C) E James Lee Blvd SB Date: 10/02/2021 Time: 00:52:36 Red Time: 1 A Amber Time: 4.0 Plate Number; KLZP73 Vehicle Make: JEEP As the vehicle's registered owner/lessee you are liable for the violation. The civil penalty is $158.00 (payment instructions below). Payment is deemed an admis- sion and waiver of your right to appeal, Failure to pay will result in the issuance of a Traffic Citation. PAYMENT OF THE PENALTY AMOUNT FOR THE VIOLATiON WILL NOT RESULT IN POINT'S AND CANNOT BE USED TO INCREASE YOUR INSURANCE RATES. City of Crestview Officer's Certificate Based on personal inspection of vehicle images showing violation of Florida Statute § 316.075(1)(c)1 Sworn to or affirmed by: Officer Donald R. Howe Jr. Signature of officer You may view your violation images and video online and pay your fine at wwtrw.Ze roFatallty. co1T1 Please enter Plate Number and Password provided below to enter the secure web site. Plate Number. KLZP73 Password: AuQRjNa6 Amount Due: 158 Due Gate: 12/11/2021 Violation Number: 1012000000093181 1 0 1 2 0 0 0 0 0 0 0 9 3 1 8 1 10/1212021 Date 99AA1UU I1 = Check or Money Order Traffic Safety Divisio fi-ffl- Ek n Detacrt here and 1,c __ "Ayment E+'1«'1�a'�."�.is��tEti.7J,:.1�t't1�►Efr�Eil.'iiM (Only Credit Card, debt[ Card and Checks Accepted) Crestview Police Department 201 Stillwell Boulevard Crestview„ FL 32539 L#1614-;21 Loll: s- Call Traffic Safety Division at, 850.308-3079 Monday to Friday 8:00 AM - 4,00 PM (CT) Instructions for hour to submit an Affidavit of Defense or request a hearing may be found on the back side and online at wwwleroFatality.com PLEASE NOTE: A $6.95 convenience fee w4l be added to all online and telephone payments. Please dial the payment button only once. 00 NOT make a second attempt to pay online. We are not Tespon- sible for bank tees or other charges incurred by you as a result of your failure to follow these instructions. SECOND NOTICE OF RED TRAFFIC SIGNAL. VIOLATION Traffic Safety Division 201 Stillwell Boulevard Crestview, FL 32539 CORY MCLAUGHLIN 320 CROOKED PINE TRL CRESTVIEW, FL 32539-5798 11012000000093161 Plate Number: KLZP73 Password: AuQRjNa6 View your violation at www.ZeroFatality.com On 10/12/2021 , the Crestview Police Department mailed you a Notice of Violation indicating that a vehi- cle registered to you ran a red light in violation of § 316.075(1)(c)1 of the Florida Statutes. As of the date of this Second Notice, we have not received payment for the fine associated with this infraction, an Affidavit of Defense, or a request for a hearing. You have until 12/1112021 to take one of these actions or a Uniform Traffic Citation will be issued to you. A Uniform Traffic Citation may result in court costs and suspension of your driver's license, Payment instructions are at the bottom of this Reminder Notice. If payment has already been sent, please disregard this Second Notice. If you feel you have received this Notice in error, please contact Crestview's Traffic Safety Division at 850-306-3079 Instructions for how to submit an Affidavit of Defense or request a hearing may be found online at www.ZeroFatality,com. Thank you in advance for your cooperation in this matter, Sincerely, Crestview Traffic Safety Division aaa!" 1. taw You may view your violation images and video on-line and pay your fine at Please enter Plate Number and Password provided below to enter the secure web site. Plate Number: KLZP73 Password: AuQRjNa6 Amount Due: $158 Due Date: 12/11/2021 Violation Number: 1012000000093181 Check or Money Order Traffic Safety Division (NO CASH) Payable to: 201 Stillwell Blvd. City oiCrestview Crestview. FL 32539 LJ3��a■�i:'t�1►I�1 Please call the Aut❑matea Enforcement El Division toll free at: (866)-247.8157 to pay 2417 Pin -Code: 6172 Customer Service hours: Monday to Friday orsc p vpt . 10:00 AM - 6:00 PM (ET) PLEASE NOTE: A $6,95 convenience fee will be added to all online and tatepirorm payments. Please slick the payment button only one_ III l7O NOT make a second attempt to pay online. We are not respon- 1 0 1 2 0 0 0 0 0 0 0 9 3 1 8 1 slble for bank tees or other charges incurred by you as a result of your failure to follow these instructions, s - rOR�t�ftn.+r�.tte�sa lOnly Credit Card, Debit Card and Checks Accepted} Crestview Police Department 201 Stillwell Boulevard Crestview, FL 32539 ,�,: rt a�, f � let ►+ t.'t Call Traffic Safety Division at 850-306-3079 Monday to Friday 8:00 AM — 4:00 PM (CT) Instructions for how to submit an Affidavit of De- fense or request a hearing may be found on the back side and online at www.ZeroFatality.com