proceduralUnited States · Florida (Statewide)Difficulty: Easy
Photographic Evidence Demand — Burden of Proof on Agency
At a contested hearing the agency bears the burden of proving the violation by a preponderance of the evidence. Demand production of all photos, bodycam, and officer notes. If the agency cannot produce contemporaneous photographic evidence (especially where the officer claims a measured distance, e.g., 15 feet from a hydrant or yellow curb), the citation must be dismissed.
Legal basis
F.S. §316.640(2); F.S. §90.301 (burden of proof in civil infractions)
Sample appeal wording
TO: [HEARING OFFICER / CITY ATTORNEY] RE: Citation # [#] — Demand for Production I request, in advance of the hearing, production of: all photographs taken by the citing officer; bodycam or vehicle-cam video covering the citation; the officer's contemporaneous notes and shift log; calibration / certification records for any measuring device used. The agency bears the burden of proof under §316.640(2), Fla. Stat., and §90.301, Fla. Stat. Failure to produce will result in motion for dismissal. [NAME] / [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Florida Statute §316.640
- Florida Evidence Code §90.301
- Florida Public Records Act Ch. 119