DC DMV -New Motion for Reconsideration
I must say the bureaucracy at the District of Columbia Department of Motor Vehicle (DC DMV) can be ridiculous. My firm has been representing individuals before this Administrative body for years. However, they finally did something right. On October 1, 2014 DC DMV changed the rules to allow for a motion for reconsideration after a liability finding for parking tickets, photo enforcement, or moving violation ticket.
Prior to October 1, 2014 if you believed the decision the hearing examiner made was wrong you had to appeal directly to Traffic Adjudication Appeals Board after a decision. The Traffic Adjudication Appeals Board takes nearly 2 years to reach a decision and you are still accessed the points while you wait for their decision. Now after a liability finding you have 30 days to request a motion for reconsideration. This allows a review of hearing examiner decision before the actual appeal is filed. The request for reconsideration can be made after a liability finding for the following reasons:
- Newly discovered or newly available relevant evidence;
- Need for additional evidence to establish a defense;
- Probable error committed by the hearing examiner in the proceeding, including failure to judicially notice a fact on which the decision of the hearing examiner rests or failure to inform the respondent of a judicially noticed fact on which the decision of the hearing examiner rests; or
- Any other reason that believe the hearing examiner made a mistake.
The request for reconsideration will go back to the hearing examiner who heard the matter. According to the District of Columbia Department of Motor Vehicles website the hearing examiner will have 180 days to review the decision. If the hearing examiner denies your request you will have an additional 30 days to file with the Traffic Adjudication Appeals Board.