Section 18-3012. RULES OF EVIDENCE

 

3012.1The burden of proof shall be on the District.

 

3012.2The standards of proof established by the D.C. Traffic Adjudication Act are the following:

 

(a)Clear and convincing evidence in cases of moving violations; and

 

(b)Preponderance of the evidence in cases of parking violations.

 

3012.3All testimony shall be given under oath or affirmation administered by the hearing examiner.

 

3012.4The respondent shall have the right to present witnesses, to conduct examination and cross examination, and to introduce documentary evidence.

 

3012.5The hearing examiner may require production of evidence.

 

3012.6The Notice of Infraction shall constitute prima facie evidence of the statements contained in the notice and shall be a record in the ordinary course of business.

 

3012.7The original of the ticket or any reasonable facsimile, including the copy issued to the respondent, may be used at the hearing.

 

3012.8Irrelevant, immaterial, unduly repetitious, or unduly lengthy evidence may be excluded at the discretion of the hearing examiner.