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school zone defenseUnited States · Maryland (Montgomery County)Difficulty: Easy

Montgomery County Speed Camera - Driver Identification Affidavit

Montgomery County operates extensive school zone speed cameras under Md. Transp. §21-809. The statute provides at §21-809(g) that the registered owner can rebut the owner-presumption by submitting a sworn affidavit identifying the actual driver. Where another household member or authorized user was operating, the citation transfers (or, if the driver cannot be identified with certainty, is dismissed).

Legal basis

Md. Code, Transp. §21-809(g); Montgomery County Code §31-22

Sample appeal wording

[DATE] District Court of Maryland for Montgomery County [ADDRESS] RE: Citation #[NUMBER] - Owner Affidavit Under §21-809(g) I, [NAME], registered owner of vehicle plate [PLATE], hereby submit this sworn affidavit pursuant to Md. Code, Transp. §21-809(g) to rebut the statutory owner presumption. ☐ I was not the operator of the vehicle on [DATE/TIME] at [LOCATION]. The actual driver was [NAME], [RELATIONSHIP], operating with my permission. Their address is [ADDRESS] and contact is [PHONE/EMAIL]. ☐ I am unable to identify the actual driver because [the vehicle is shared among multiple authorized users / the citation image does not clearly show the driver]. Under oath, the foregoing is true and correct. [Signature] [Date] [Notary block] I request: [ ] Transfer of citation to identified driver [ ] Dismissal where driver cannot be reliably identified Sincerely, [NAME]

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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Sources

  • Md. Code, Transp. §21-809(g)
  • Montgomery County Code §31-22

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