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HomeMy Public PortalAboutFinal Adminstrative Order_Woodruff SignedCRESTVIEW OFFICE OF THE CITY CLERK 198 Wilson Street N, P.O. Box 1209, Crestview, FL. 32536 850.682.1560 ext. 2 ( cityclerk@cityofcrestview.org February 22, 2023 VIA CERTIFIED MAIL Mr. Abduwal Woodruff 1606 Hunt Club Street Ft. Walton Beach, Florida 32547 RE: Final Administrative Order Dear Mr. Woodruff: I have included a copy of the Final Administrative Order issued by the Magistrate regarding your Red -Light Violation Hearing appeal. Please comply with the order by submitting the fine in the amount of $233.00 within thirty days of the date on the Final Administrative Order to the Crestview Police Department. Sincerely, Maryann%Schrader City Clerk Cc: Samuel Taylor, Special Magistrate Chief Stephen McCosker Officer Don Howe, Jr. Jodie Feliccia CRESTVIEW OFFICE OF THE CITY CLERA 198 Wilson Street N, P.O. Box 1209, Crestview, FL. 32536 850.682.1560 ext. 2 l cityclerk@cityofcrestview.org January 23, 2023 VIA CERTIFIED MAIL Mr. Abduwal Woodruff 1606 Hunt Club Street Ft. Walton Beach, Florida 32547 RE: Request for Hearing Following Issuance of Notice of Violation #1012000000129316 Dear Mr. Woodruff: Pursuant to your request for a hearing, please be advised that a hearing has been scheduled for Tuesday, February 21, 2023 at 5:30 p.m. The hearing will be held at Crestview City Hall in the Council Chambers located at 198 Wilson Street North, Crestview, Florida. You may reschedule the hearing once by providing written notice to this office at least five (5) days prior to the hearing date. You may also cancel your request for a hearing by paying the penalty assessed for the violation ($158.00) prior to the start of the Hearing by check or money order made payable to the City of Crestview. Please be advised that pursuant to Florida Statutes Section 316.083(5), should the Hearing Officer determined that a violation occurred, you will be required to pay the penalty previously assessed as well as local fees up to $250.00. Sincerely, Maryanne Schrader, MMC City Clerk cc: Hearing Officer Police Chief Steve McCosker Sgt. Joshua Grace Jodie Feliccia, Records Clerk FINAL ADMINISTRATIVE ORDER - SECTION 316.0083, FLORIDA STATUTES VIOLATION Hearing Location: Crestview City Hall Date: 2/21/2023 Time: 5:30 p.m. 1. Petitioner: 2. Enforcement Officer: 3. Hearing Officer: 4. City Clerk: Abduwal Woodruff Donald Howe/Shelby Carlson, CSO Samuel Taylor, Esquire Maryanne Schrader REGISTERED VEHICLE OWNER & VIOLATION INFORMATION 1. Registered Vehicle Owner : Abduwal Woodruff And Address 1606 Hunt Club Street, Ft. Walton Beach, FL 32547 2. Violation Date :10/8/2022 3. Violation Number :1012000000129316 4. Vehicle Tag Number :MCEN40 5. Uniform Traffic Citation No. : (If Applicable) PRELIMINARY MATTERS, FINDINGS OF FACT, RULINGS OF LAW, ORDER, PENALTY AND COSTS I. PRELIMINARY MATTERS A. B. Continuance Yes No 1. Date Requested Continuance: 2. New Hearing Date: 02.2.1. zoz3 Appearance of Petitioner/Registered Vehicle Owner 1. In Person ; Address Confirmed 2. By Affidavit of Defense 3. Failure to Appear 1 II. FINDINGS OF FACT A. When the traffic control signal device turned red, did the driver stop before entering the crosswalk on the near side of the intersection, stop at or before the stop line on the near side of the intersection or, if none, then before entering the intersection: Yes No t[ B. Other Findings of Fact: �� dam. 44vu*, Q;p ivy ibre/41 P"'. III. CONCLUSIONS OF LAW A. Violation of Section 316.074(1), Florida Statutes: Yes B. Violation of Section 316.075(1), Florida Statutes: Yes C. Violation of Section 316.0083, Florida Statutes: Yes D. Other Conclusions of Law: No No No 2 IV. ORDER A. Uphold the Violation of Section 316.0083, Florida Statutes K. B. Dismiss the Violation of Section 316.0083, Florida Statutes oc V. PENALTY/COSTS: A. Penalty: (s158.00') B. Costs: S 75.00 Total amount due: 0233.00) DONE AND ENTERED this Zi$'r day of ,AW , 2023, in Crestview, _Okia f 44- County, Florida. S ay[or agistrate 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. Second Notice of Violation 3 AFFIDAVIT FOR PHOTO ENFORCEMENT VIOLATION NOTICE STATE OF: r on u are 1p nr1 COUNTY OF: I IVt. Name: Address: E-M (Point no art in novel 1)(11.(vvtL (1;rint Nape as it ars on your ' ire (Surer. and Alum or Unit tla I rttvc Mace. opoVip (E-Mail Address) i. 11)11 VV _L\10:064. (Check as applicable) SS trey yl44 are ln now? :OFFIDAVIT OF DEFENSES Telephone No: License Plate No: Violation No: ation Date: trIVI Officer Name: lnehide A ,icense Plate )11 (A,.l19Wl yua limber Oil Irhy�ani left tomer o Lyritir Naticef /arson e fa c al the e beta aragpa h (Appears under she sionsturenriTh- e Notice nf Violation (Affidavit must be notarized) type name), being first duly sworn, hereby swear or affirm: ereby request a formal hearing before a local court or hearing officer. 1 understand that I must submit this request for the assigned hearing officer within 60 days from the date posted on the Notice of Violation (NOV). 1 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 1 have the option to reschedule a hearing once by notifying the appropriate clerk of the court and/or the clerk for the local hearing officer in writing at least 5 calendar days prior to the scheduled hearing. 1 understand that if 1 do not reschedule my hearing and I fail to appear for this hearing that I will be adjudicated guilty and 1 am responsible for all fines and/or fees and that a vehicle registration stops will he placed on my record. 1 also understand that if the NOV is affirmed by the court and/or local hearing officer, that 1 am responsible for the payment of the original penalty plus up to 5250.00 in local tees as set forth in F.S.S. 316.083 (5). 0 I was not the owner of the vehicle identified in the subject Notice of Violation on the date of the alleged violation. O The above identified vehicle and/or license plates were stolen before the alleged violation occurred and neither was in my possession or control at such time, 1 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- of-way to an emergency vehicle, or (ii) as part of a funeral procession. O The driver of the vehicle during the alleged violation passed through the intersection e the light was red at the direction of a police officer acting within the scope of his duties. O The driver of the vehicle during the alleged violation passed through the intersection when the light was red received a Uniform Traffic Citation for the same conduct issued by a police officer. 1 have attached a copy of the Uniform Traffic Citation to this Affidavit. O The vehicle's owner was deceased on or before the date of the violation. You must submit (1) a bill of sale or other document showing that the vehicle was sold after the death but before the violations, (II) proof that the license plate was returned after death but before the violation, or (111) a police report showing that the vehicle or plates were stolen after death, but before the date of the violation. sayeth not. Signature a/Arrant) L — (Print Name) !Patel Subs ennd — _ Signature of Noiaty Publfr day of tDTE FELICCIA '1;1 Ivrf COMMISSION # GG 27974 Notary Stamp EXPIRES:-Novernbet 27, zon •i ,io.arr NAN:, Uncle LI The vehicle identified in the Subject Notice of Violation was. at the time of the alleged violation, under the care custody and control of the following named individual: Name: Address: (Street, 01711 Amu. sr 'Ina No) (Athht,s21 Cay, Snare. )!ip., th Date.: Sex.' _ Tenr7 (Male or Ponale) vers License No.: ephone No.: II information is not provided, this Affidavit will he rejected (5tate) (DLlturziner) " If this section is completed, the named individual will receive a Notice of Violation and will have sixty (60)days to respond. 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: I...) 1 V 00irl/dl, hereby request a formal hearing before a local court or hearing officer in the county of L. ..k iU -1 (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 date 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). 1 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). I attest that I fully understand the stipulations of these laws and the associated penalties. Sworn by me on and affirmed by my signature below. Printed Name: F k )'ii. i(LX4- Signature of Requester: it - ,{ Date Signed: / ' S / 2 ti ce— 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 DriverNehicle Owner and Notice of Violation Information (NOV) (To be provided by requestor) Date: C -oRc) Name (Typed or Printed) ii bi.I f Mailing Address: iji 147,fil (I)Li h St Y. r City: nia),) State: Zip: .52-S Telephone Number: it)O-Sit-'4) 7r:17-3 Fax: E-mail: Ci IA) ! ("19— NOV Number: 1 CI ((dYrCa) /sag (i) NOV Date: Tag Number: EN it -I Driver License Number : )3111/ (T 3------"ja 7-4() Agency/Issuing Authority: JfLL, 1 Issuing Officer/Agent Name: 11yvi Id e Badge #: 4C1 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 ABDUWAL WOODRUFF 1606 HUNT CLUB ST FORT WALTON BEACH, FL 32547-0000 11111111 IIIfl1Rl 111111 t 1 0 1 2 0 0 9 0 0 0 1 2 9 3 1 6 Plate Number: MCEN40 Password: CqEEWgc9 View your violation at www.ZeroFatality.com Your vehicle was photographed running a red light, in violation of §316.075(1)(c)1, Florida Statutes. Location: Date: Red Time: Plate Number: S Ferdon Blvd @ E James Lee Blvd NB 10/08/2022 Time: 10:48:27 0.3 Amber Time: 3.8 MCEN40 Vehicle Make: SUZI 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 POINTS 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 �JL��•1�'I�Y\dad You may view your violation images and video online and pay your fine at www.ZeroFatality.cs Please enter Plate Number and Password provided below to enter the secure web site. Plate Number: Password: Amount Due: Due Date: MCEN40 CqEEWgc9 158 12/11/2022 Vio a on Number: 1012000000129316 1111111111111111111111111111111111111111111� 1012000000129316 10/ 12J2022 Date Check or Money Order (NO CASH) Payable to- City of Crestview Traffic Safety Division 201 Stillwell Blvd. Crestview, FL 32539 1:1111 all ;wile t Please call the Automated Enforcement Division toll free at: (866)-247-8157 to pay 24/7 Pin -Code: 0841 Customer Service hours: Monday to Friday 10:00 AM - 5:00 PM (ET) PLEASE NOTE: A 56.95 corvenience tee WV be added to all online and telephone payments. Please click the payment button only once. DO NOT make a second attempt to pay online. We are not respon- sible for bank fees or other charges incurred by you es a result or your failure to follow these insi•uct0n5. no return with your payment • • (Only Credit Card. Debit Card and Checks Accepted) Crestview Police Department 201 Stillwell Boulevard Crestview. FL 32539 I•tu1 Iii.1►1,:i 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 Defense or request a hearing may be found on the back side and online at www.ZeroFatality.com