How To Contest A Camera Speeding Ticket

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You check your mail to find a notification that a photographic camera has caught you speeding, or running a red low-cal. The camera took a picture of your car and your license plate, and now you're expected to pay several hundred dollars. However, traffic cameras have an uneasy and controversial position in many jurisdictions across the country – for example, if you lot go a blood-red-lite camera ticket in L.A. County you tin can just ignore it without penalty^[1] – which means disputing your traffic photographic camera ticket may be easier than you thought.

1
Cheque the date, time, and location of the ticket. Because camera tickets are sent to the owner of the auto, not the commuter, make sure you really were driving the automobile when the ticket was issued.
- More often than not, the prosecutor must prove that you lot were driving in that location at that appointment and fourth dimension. If someone else borrowed your car, you tin't be prosecuted.^[2]
- However, understand that some states such equally New York treat reddish-light photographic camera tickets similar parking violations, holding registered owners liable rather than the driver specifically.^[three] Make sure you check the ruddy light police in the jurisdiction where you got the ticket.
- If you were driving your motorcar, attempt to reconstruct the scene and remember what y'all were doing or what was happening at the time, and write down whatsoever details you remember. For example, you may accept been making a legal right plow on red when the camera took the photo. If you were making a legal maneuver y'all should exist able to get the ticket dismissed.^[four]
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Make note of the exact code section y'all're cited for violating. Read the law and make sure you empathize both its elements and the penalties for violation.
- Brand sure if penalties are listed in the lawmaking section that they match the fines or penalties assessed on your ticket.
- Think that it is the prosecution'southward brunt to prove each element of your violation – it'south not your responsibility to evidence that you didn't do it.
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Review the photos. If the notification you received included photos, review them to ostend that its your automobile in the photo, and that the photo is clear.
- Your best defense force may turn out to be the blurriness of the photograph. If the license tag isn't clearly visible, information technology may be difficult to ostend that the auto is yours.^[v]
- If there's no clearly identifiable photo of you in the driver's seat, this may nowadays another artery of defense. You will exist nether oath, so you tin can't argue that you weren't driving if you were – however, you can argue that the prosecution can't prove yous were driving, or has no evidence that you were driving. This volition get you lot off the hook if y'all live in a jurisdiction that requires tickets follow the driver, not the registered possessor of the auto.^[6]
- If photos were not included with your citation, you may need to wait until subsequently your trial is scheduled to request copies from police enforcement.^[seven]

i
Plead by mail or online, if possible. Some jurisdictions allow you to respond to the citation either past mail or online, rather than going to a live arraignment in traffic court, for less serious traffic violations such as speeding or running a blood-red light.^[8]
- You must plead not guilty if you want to dispute the traffic camera ticket, and you can't pay the fine listed. In some jurisdictions, paying the fine is considered an admission of guilt.
- Cheque your commendation and make certain yous plead not guilty before the borderline. Typically you'll have 30 days to dispute the ticket, but the time period may be shorter.
two
Announced at arraignment. If y'all accept no choice but to appear in traffic court if you lot intend to plead not guilty, show up at the date and time listed on your commendation.
- This also may be called a showtime advent or a detect hearing, depending on your jurisdiction.^[9]
iii
Request a formal hearing. When you plead not guilty, demand a full formal hearing or trial.
- When you request a total trial, you besides may be required to attend other hearings such equally a pre-trial hearing or arbitration. Attend those as required, but don't accept anything less than a total dismissal of your traffic camera ticket.
4
Request product of documents. Now that you lot have a courtroom date, call upwards the local law section or other law enforcement agency in accuse of the camera used to issue your citation.
- If photos were not included with your citation, you'll need to request copies of them.^[10]
- You also should request full maintenance records for the photographic camera and the traffic calorie-free or speed monitoring system to institute that they were regularly monitored and maintained. If their accurateness wasn't tested within a short period of time before your ticket was issued, the photo is potentially unreliable every bit evidence.^[11]
v
Inquiry the applicable law. Await for cases in your city or county about traffic cameras, and see if whatsoever appellate court decisions take ruled on the legality of traffic photographic camera tickets.
- Bated from the camera itself, there may be other defenses that are recognized by police force. For case, some states take specific rules well-nigh where warning signs must be posted for traffic lights. If the warning signs were obscured or not present, you'd have a defense.
- Some states recognize a necessity defense for speeding. Since obviously a camera cannot tell why you were speeding, you may be able to get out of the ticket this mode.^[12]

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1
Appear at your scheduled hearing. Go far at the courthouse on the day of your hearing with copies of any documents you intend to use as evidence in your defense.
- Make sure anything you bring with you is organized and yous have a make clean, professional appearance. Care for the judge and all courthouse staff with respect. Don't practice anything to give the judge the opportunity to brand a snap judgment that you lot are untrustworthy or have an attitude problem.
2

Listen while the prosecutor presents the instance against you. The prosecutor will have the first opportunity to speak in your example. Listen quietly, making notes where something is said that you want to bring up later, but do non interrupt or speak directly to the prosecutor.^[13]
3
Challenge the admissibility of the photo equally hearsay. In some jurisdictions such as Broward Canton, Florida,^[14] a ruddy calorie-free camera photograph is considered hearsay.^[15]
- Basically, hearsay is defined as an out-of-court statement presented in courtroom to prove the truth of the matter asserted.^[16] In this example, the photo is an out-of-court "statement" that prosecution is attempting to use to prove you violated the traffic police.
- Hearsay show is inadmissible unless it fits into one of the exceptions carved out of the rule. However, at that place are more than two dozen hearsay exceptions.^[17] Some courts have fit traffic camera photos into these exceptions, but others take non. Enquiry the issue to find out if this objection is bachelor in your jurisdiction.
4
Assert your right to confront witnesses. The 6th Subpoena of the Constitution guarantees yous the right to cross-examine witnesses.
- Unless a witness appears who maintains the tape and organisation associated with the camera, you practise not have this opportunity.^[18]
5
Dispute the authenticity of the photograph. If no one from the company that maintains the camera shows up to testify, object to the use of the photographs for lack of foundation.^[nineteen]
- Likewise, if you take a camera ticket for speeding, the visitor or officer who maintained the camera and the speed detection equipment must appear in court to prove or the photo has no foundation to exist admitted into bear witness.
- For the prosecution to rely on the photos, it must nowadays evidence that the photographic camera that took the photo, the organization that connected information technology to the traffic light, and the traffic light itself were functioning properly. Without establishing this foundation that all of these machines are reliable, the photo is not reliable and cannot exist admitted into evidence.^[20]
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Attack the lack of show. If the photos are clear and the judge allows them, but none of them clearly show y'all driving, you have a defence force that the prosecution cannot prove it was you lot driving the car.^[21]
- The photo also provides no proof that the traffic lite was functioning properly. If prosecution tin't testify the traffic light was functioning properly, they tin't prove that you ran the ruby light.^[22]
- These same arguments utilize if you have a photographic camera ticket for speeding. Prosecution must bear witness that the speed detection system was functioning properly for the photograph to be prove that you were speeding.
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Raise any other possible defenses. If your assail on the camera fails and the photos are admitted as bear witness, use any other defenses you may have found in your research that practical in your case.
- Yous don't have to deny guilt for many of these defenses to work. For example, if you use the defense that you acted out of necessity to avoid harm to yourself or others, you lot're basically saying that yous committed the violation but it was for a expert reason.^[23]

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Commodity Summary X

To dispute a traffic photographic camera ticket, plead not guilty by writing to your traffic court on the accost provided. If you have to nourish an arraignment, plead not guilty and request a formal hearing. While you're waiting for your hearing, inquiry the law in your surface area to build a legal defense. For example, some states require clearly visible warning signs for cameras to be posted before a traffic light. If the warning signs were obscured or not present, you might not have to pay the fine. Some states as well recognize a necessity defence for speeding, so if you were driving to the hospital in a blitz, you might also have a defence. When yous arrive at courtroom, present your case, using whatsoever evidence to support your claim. For more tips from our Legal co-author, including how to argue that speeding photographic camera photos are hearsay in court, read on!

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