FOIA-Forced Dismissal — Inability to Produce Officer Notes/Photos
Under the Virginia Freedom of Information Act §2.2-3704, parking citation records — including officer field notes, photographs taken at the time of citation, and meter logs — are public records subject to disclosure. Where a contestant requests these records and the locality cannot produce them (often because they were never created or have been destroyed under retention schedules), the citation often must be dismissed for inability to meet the burden of proof at hearing.
Legal basis
Virginia FOIA §2.2-3700 et seq.; §2.2-3704 (response requirements); Code of Virginia §15.2-1429 (administrative due process)
Sample appeal wording
[DATE] [LOCALITY] FOIA Officer CC: Parking Adjudication RE: FOIA Request and Discovery for Citation #[NUMBER] Pursuant to Virginia FOIA §2.2-3704, I request the following records related to citation #[NUMBER] issued [DATE]: 1. All photographs taken by the issuing officer at the scene 2. Officer's contemporaneous field notes 3. Meter status log for meter [ID] for [DATE] 4. Body-camera or vehicle-camera footage capturing the citation event 5. Training certification of the issuing officer/agent 6. The locality's record-retention schedule for these records 7. The 5 most recent calibration records for any device used I request a response within the 5 business days specified by §2.2-3704(B). If records are withheld, please cite the specific statutory exemption. [Hearing Use:] Should the locality fail to produce these records, I will request that the hearing officer dismiss citation #[NUMBER] for failure to meet the locality's burden of proof. Sincerely, [NAME] [ADDRESS] [EMAIL]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Virginia FOIA §2.2-3700
- Virginia FOIA §2.2-3704
- Code of Virginia §15.2-1429