Evening star., 1955-01-18
Traffic Point System
| Ruled Illegal in Part
by Appeals Court
BY chorIes G. Brooks

The Municipal Court Of APP
peals yesterday called Illegal q
part Of the system used by the
Department Of Vehicles and
Trafiic to assess points for traf-
nc violations.
The. opinion was the first to
be handed down under last
August's law authorizing the ap-
pellate court TO review orders
and decisions of certain District
administrative agencies.
It could mean fewer points
for many violators and. therefore.
fewer license suspensions.
The case was brought to the
appeals court by Attorney Her
bert p. Leeman for his client,
Mrs. Dorothy W Chappelle, 1922
Blair road NV. It is typical Of
hundreds of cases which have
not been appealed, Mr.. Leeman
said.
Mrs. Chappelie had been ar
rested on q charge of speeding
40 miles an hour In a 25-mile
zone and fined $40 In Traffic
/ Court on an information charg-
ing exceeding IS miles an hour
In q 25-mile zone.
Afterwards, she forfeited $i5
on q charge of speeding IS miles
an hour in a 25-mile zone and
$40 on a charge Of passing q
red light.
Preliminary Appeals Fail.
The Traffic Department as
sessed her q total of eight points,
enough for a temporary sus-
pension Of her driving permit
She carried her case TO the
hearing officer. then to Traffic
Director George e. Keneipp and
finally to the Board Of Commits
sioners. all in vain.
The court Of appeals declared
that, In the first case. Mrs. Chap
pelle was charged by police with
speeding 40 miles an hour in q
25-mile zone, but that the Cor
poration Counsel prosecuted her
for travelling "at a greater rate
OF speed than IS miles an hour. :"
| It pointed out that, under the
point system. three points are
scored against the driver for
speeding 10 to 20 miles per louf
over the legal speed. but only
one point is scored against him
/ when the illegal speed Is less
than 10 miles In excess Of the
limit.
The decision held that Mrs.
Chappelle could not be held
guilty OF speeding As miles an
hour when she was found guilty
only Of exceeding Is miles an
hour.
/ ~ - h a 20 f-s3si :
Proof Factor Brought Up.
Furthermore, the court wrote,
MIR. Keneipp. as traffic director,
could mot accept the arresting
charge. which had been con-
tested In court, as proof Of q
speed Of 40 miles"
Is M q 10. & ~ .
Proof Of arrest on q charge
does not constitute proof OF
guilt Of the charge" the court
held.
"on the record before him, the
director was justified In as
sessing only six points against
petitioner, and IL follows that
the order Of suspension was er-
roneous." The suspension was
ordered set aside.
In o concurrine opinion. Judge
Thomas d. Quinn wrote he
would 60 q step further and
would recommend that The Mu-
nicipal Court adopt the prac-
tice. In speeding cases. of max
ing findings as to excessive speed.
In miles per hour. Of which 3 de-
fendent IS being convicted
Judges 70 Meet on Issue.
Municipal Court Chief Judge
Leonard r. Walsh announced he
would call ian immediate meet
ing Of the Board Of Municipal
Court Judges" TO consider the
question.
Other court observers pointed
out that the court charge,
brought by the Corporation
Counsel. must read "at q greater
rate Of speed than rs miles an
hour" or whatever the limit Ii.
II would be next to impossible,
It was felt. for the Government
to prove Q charge Of speeding
exactly 20 miles an hour. or
90 miles an hour. Should the
defense prove the person was
speeding only "a miles an hour.
! the charge would be thrown out.