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Home My Public Portal AboutFinal Administrative Order and letter_MartinezCRESTVIEW OFFICE OF THE CITY CLERK 198 Wilson Street N, P.O. Box 1209, Crestview, FL. 32536 850.682.1560 ext. 2 j cityclerk@cityofcrestview.org September 20, 2023 VIA CERTIFIED MAIL Ms. Vanessa Martinez 259 Grand Prix Drive Crestview, Florida 32536 RE: Final Administrative Order Dear Ms. Martinez: I have included a copy of the Final Administrative Order issued by the Magistrate regarding the Red -Light Violation Hearing appeal. Please comply with the order by submitting the fine in the amount of $233.00 to the Crestview Police Department. Sincerely, Maryanne Schrader City Clerk cc: Magistrate Chief Stephen McCosker Officer Don Howe, Jr. Waidene Bayne FINAL ADMINISTRATIVE ORDER- SECTION 316.0083, FLORIDA STATUTES VIOLATION Hearing Location: Crestview City Hall 1. Petitioner: 2. Enforcement Officer: 3. Hearing Officer: 4. City Clerk: Date: 9/19/2023 Time: 5:30 p.m. Vanessa Martinez Donald Howe Samuel Taylor, Esquire Maryanne Schrader REGISTERED VEHICLE OWNER & VIOLATION INFORMATION 1. Registered Vehicle Owner And Address 2. Violation Date 3. Violation Number 4. Vehicle Tag Number 5. : Vanessa Martinez 259 Grand Prix Drive, Crestview, FL 32536 :6/13/2023 :1012000000151757 :L5EKX 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 1. Date Requested Continuance: 2. New Hearing Date: NAP 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: - NO Af.FE rO" r t5 5./0+t 11 Lr wr yy..tc J -nl% Pro 6E110 FrmS214. ("141-- -0rsrnwc,rro / mscoc.u4-4iT ( co- ) III. CONCLUSIONS OF LAW A. Violation of Section 316.074(1), Florida Statutes: Yes K No B. Violation of Section 316.075(1), Florida Statutes: Yes DC No C. Violation of Section 316.0083, Florida Statutes: Yes p( No D. Other Conclusions of Law: 3IG.07,1 bm mis 11rrAtrri ir}1n [Xrrt4? 0/5 ZS -flL mJ Edcke Tekri Afft-IES7 LAO t^rFr.vr,,i—' ? tcY /Mri?l4I _ 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 K DONE AND ENTERED this I9T' day of 5FtrefiBR.. , 2023, in Crestview, Olaau osa County, Florida. Samue ay or Ma a strate 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 REQUEST FOR LOCAL HEARING RED LIGHT VIOLATION {{ DriverNehicle Owner and Notice of Violation Information (NOV) (To be provided by requestor) Date: n • \ Name (typed or Printed): \J P ,cc Cl it` --A G ( \ n'C .. [ Mailing Address: ')-,S q G cQ n d City: State: c- L• Telephone Number: 6S0 71q i'C; Fax: E-mail: j rx Y1Q -\ l) \ \ck • V\ ! c \ O v d NOV Number: NOV Date: Tag Number: L' E -� Driver License Number : Agency/Issuing Authority: (.CP.S Issuing Officer/Agent Name: Badge #: Zip: 3.5 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 Affidavit Requesting Hearing and Forfeiting Ability to Contest Delivery: \100e0 ` ri hereby request a formal hearing before a local court or hearing officer in the county of n 1 COSQ (COUNTY) l 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: `la ne.SSQ I a `r.k- i n *. L Signature of Requestor: Date Signed: Please mail the Affidavit and supporting documentation to: City of Crestview Police Department, 201 Stillwell Boulevard, Crestview, Florida 32539-2221 AFFIDrAVIT FOR PHOTO ENFORCEMENT VIOLATION NOTICE STATE OF: COUNTY OF: (stateyOapreinn1)OOSG (Countyyou are in now) '�� SSG May AQ��; AFFIDAVIT OF DEFENSES r'1 Telephone No: (Print'N Notiqd L7q ( Con di C k 5C License Plate No: (Scree; aQ,por Unit No) (Address2) Name: Address: E-Mail: ss C' fe, kv (City you are En now) Violation No: -d k x4 t L S • '3 liolation Date: (City, tateandZtpCode) vQr 1 t) h Q • YY\ Officer Name: (E-Mali Address) p 1 C gJjfmus be notarized) (print or type name), being first duly sworn, hereby swear or affirm: giq'�. (include' C°dd't x Q\ atelb an 500O1 S n 5-7 (Chdck as applicable) ❑ I hereby request a formal hearing before a local court or hearing officer. I understand that I must 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 for this F.S hearing, I waive my ability to contest the delivery of the NOV as set forth in 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 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 for 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 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). El was notthe owner of the vehicle identified in the subject Notice ofViolation on the date of the alleged violation. ❑ 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. I have attached a certified copy of the police report related to this assertion. El 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 ofa funeral procession. ❑ The driver of the vehicle during the alleged violation passed through the intersection when the light was red at the direction of a police officer acting within the scope of his duties. ❑ 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. I have attached a copy of the Uniform Traffic Citation to this Affidavit. ❑ The vehicle's owner was deceased on or before the date of the violation. You must submit (I) 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 (III) a police report showing that the vehicle or plates were stolen after death, but before the date of the violation. (Appearsattheba o ij thand� q(yoarNotice) to `6 (Appeals on the face of the Notice below first paragraph) (Appears ander the signature on the Notice of Violation) Further Affiant sayeth not. UCLLA C (SignatureofAifmnt) maia,p,cs H01/4r1-in€L (Print Name) (Date) Subscribed and Sworn before me this ay of L«, rn v , c9 C' L3 • signature of NotaryPu Notary Stamp TEor fo3 NANCY HOUGH ❑ 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: Birth Date.: (Street and Appt or Unit No) (Address2) (City, State, Zip.) (Month) / (Day) / (Year) Sex.: (Male or Female) Ck (omission it HH 325&.ODrivers License No.: Expires November 5, 20'.6 (Sue) (DL Number) Telephone No.: f 1 ' If all information is not provided, this Affidavit will be rejected "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 SECOND NOTICE OF RED TRAFFIC SIGNAL VIOLATION Traffic Safety Division 201 Stillwell Boulevard Crestview, FL 32539 VANESSA MARTINEZ 259 GRAND PRIX DR CRESTVIEW, FL 32536 9296 111111111111111111111111 1012000000151757 Plate Number: L5EKX Password: T3CCnLMY View your violation at www.ZeroFatality.com i REMINDER NOTICE On 06/13/2023 , the Crestview Police Department mailed you a Notice of Violation indicating that a vehi- cle registered to you ran a red Tight 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 08/12/2023 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. SincF'rePy, Crestview Traffic Safety Division �y�eJ►'trll►'I�I You may view your violation images and video on-line and pay your fine at www.ZeroFatal ity .1 Please enter Plate Number and Password provided below to enter the secure web site. Plate Number: Password: Amount Due: Due Date: Violat on Numbe : L5EKX T3CCnLMY $158 08/12/2023 1012000000 51 Check or Money Order (NO CASH) Payable to: City of Crestview Detach here and return with your payment Traffic Safety Division 201 Stillwell Blvd. Crestview. FL 32539 IJ_111:frJ;lel►lRj Please call the Automated Enforcement Division toll free at: (866)-247-8157 to pay 24/7 Pin -Code: 7768 Customer Service hours: Monday to Friday 757 10:00 AM - 5:00 PM (ET) 1111111111pnpn11111111111111111 411111 VISA OISE ..'F 1 PLEASE NOTE: A $6.95 convenience fee will be added to ail online and telephone payments. Please click the payment button onty once. DO NOT make a second attempt to pay online. We are not respon- sible for bank fees or other charges incurred by you as a result of your failure to follow these instructions. (Only Credit Card, Debit Card and Checks Accepted) Crestview Police Department 201 Stillwell Boulevard Crestview, FL 32539 L•1114-yrtIhtz1 Call Traffic Safety Division at 850-306-3079 Monday to Friday 8:00 AM —4:00 PM (CT) 11:t4_I:41:Ld1 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