There are two instances that make you eligible to file a Motion to Vacate:

1. Deemed admission: A deemed admission to the violation is entered when the vehicle owner or driver does not answer a ticket by either contesting or paying the ticket within 60 calendar days of the date the ticket was issued.
2. Default judgment: A default judgment is entered if the ticket was scheduled for a hearing, but the driver did not appear for the hearing and the hearing examiner entered a finding of liability based on the government’s evidence.

Your motion must be filed within 60 calendar days of the deemed admission or default judgment

When filing a motion on a deemed admission

1. You must prove that there was excusable neglect in your failure to respond (i.e. hospitalization, death in the family, unexpected travel); and
2. You must provide have a recognized legal defense to the violation.

You will receive the hearing record by mail outlining the hearing examiners decision, based on your defense.

When filing a motion on a default judgment

1. You must be able to prove that there was excusable neglect in your failure to respond (i.e. hospitalization, death in the family, unexpected travel); and
2. Request a new hearing date.

If your request is granted, you will receive a new hearing date via a postcard.

Motion to Vacate Instructions an Forms

Instructions

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Related Content: Motion to Vacate Default Judgment | Ticket Services