Section 18-308. SERVICE OF SUSPENSIONS OR REVOCATION NOTICES FOLLOWING ARREST

 

308.1Whenever any person has been arrested for a traffic violation or cited for a traffic infraction involving any of the situations listed in § 301 or § 302 of this chapter, the police officer shall make a report to and the arrested or cited person shall be interviewed by a law enforcement agency named in § 3003.1 who shall serve on that person a notice of proposed suspension or revocation on a form provided by the Director suspending or revoking the license of that person.

 

308.2The notice of proposed suspension or revocation shall comply with the provisions of § 307 of this chapter, and shall be dated and signed by the police official who shall indicate on the notice the reason for the service of the notice of proposed action.

 

308.3The police official shall forthwith deliver to a precinct station clerk a copy of the notice of proposed action and the officer’s statement of the offense or infraction believed committed.

 

308.4Repealed.

 

308.5If the physical or mental condition of a person arrested or cited is such that, in the opinion of an attending physician, that person is incapable of receiving service of a notice of proposed suspension or revocation or of understanding the meaning of the notice, the police official shall prepare a report on the condition of the person and shall deliver the report to a precinct station clerk.

 

308.6Within twenty-four (24) hours from the time a copy of the notice of proposed suspension or revocation, or a report showing that the person arrested or cited was incapable of being served with notice, is received by a precinct station clerk, the commanding officer of the precinct shall forward or cause to be forwarded to the Director a copy of the notice or report, whichever is applicable.

 

308.7The police official who serves a notice of proposed suspension or revocation on a person arrested or cited under this section shall place a stamped notation on the face of any license issued by the District to and in the possession of that person indicating that the notice has been served.

 

308.8No person so served shall refuse to allow an official at the time of service of the notice to stamp on his or her license the notation required in § 308.7.

 

308.9A person refusing to allow the notation on his or her license shall, on determination of liability for such refusal, be subject to a civil fine or other sanction pursuant to the District of Columbia Traffic Adjudication Act.

 

source

Regulation No. 72-13 effective June 30, 1972,32 DCRR § 2.315, Special Edition; as amended by § 105 of the D.C. Motor Vehicle Act, D.C. Law 1-133 23 DCR 6720, 6721 (February 25, 1977); and by § 604 of the District of Columbia Traffic Adjudication Act of 1978, D.C. Law 2-104, 25 DCR 1275, 1323 (August 11, 1978); as amended by D.C. Act 16-636 published at 54 DCR 903, 908 (February 2, 2007).