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proceduralUnited States · Chicago, ILDifficulty: Easy

Wrong License Plate / Plate Mismatch (Prima Facie Case Failure)

Under Chicago Municipal Code §9-100-030(a), a prima facie case is NOT established if the City fails to specify and accurately record the proper state registration number on the violation notice. The Traffic Compliance Administrator MUST withdraw a violation notice that fails to establish a prima facie case (mandatory, not discretionary). If the plate, plate state, or VIN on the ticket does not match your vehicle, the ticket is fatally defective and must be dismissed.

Legal basis

Chicago Municipal Code §9-100-030(a); §9-100-030(c); §9-100-060(a)(5); 625 ILCS 5/11-208.3

Sample appeal wording

TO: City of Chicago Department of Administrative Hearings, Vehicle Hearings Division RE: Violation Notice [TICKET_NUMBER] Dear Hearing Officer, I request dismissal pursuant to Chicago Municipal Code §9-100-030(a) and §9-100-060(a)(5). The notice fails to establish a prima facie case because the City did not accurately record the state registration number. The ticket lists plate [PLATE_ON_TICKET] (state: [STATE_ON_TICKET]). My vehicle ([YEAR/MAKE/MODEL]) is registered under plate [MY_ACTUAL_PLATE] (state: [MY_STATE]). Under §9-100-030(c), 'The Traffic Compliance Administrator shall withdraw a violation notice when said notice fails to establish a prima facie case.' This is mandatory. Evidence: (1) photo of violation notice; (2) registration card; (3) photograph of affixed plate. I request the violation be withdrawn and any payment refunded. Signed, [FULL_NAME] Date: [DATE]

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

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Sources

  • Chicago Municipal Code §9-100-030
  • Chicago Municipal Code §9-100-060
  • 625 ILCS 5/11-208.3

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