Can You Fight A Speed Camera Ticket

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You check your mail to observe a notification that a photographic camera has caught y'all speeding, or running a red light. The photographic camera took a picture of your car and your license plate, and now you're expected to pay several hundred dollars. However, traffic cameras take an uneasy and controversial position in many jurisdictions beyond the country – for case, if you get a red-light photographic camera ticket in L.A. County yous tin can only ignore it without penalty^[1] – which means disputing your traffic camera ticket may be easier than you thought.

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Cheque the appointment, fourth dimension, and location of the ticket. Because camera tickets are sent to the owner of the motorcar, not the commuter, brand sure yous actually were driving the automobile when the ticket was issued.
- Generally, the prosecutor must prove that you were driving in that location at that appointment and time. If someone else borrowed your car, yous can't be prosecuted.^[two]
- However, understand that some states such equally New York treat reddish-lite photographic camera tickets like parking violations, holding registered owners liable rather than the driver specifically.^[3] Brand sure you check the red light law in the jurisdiction where you got the ticket.
- If yous were driving your motorcar, try to reconstruct the scene and remember what you were doing or what was happening at the time, and write down whatsoever details you lot remember. For case, you may have been making a legal right turn on cherry when the camera took the photo. If you were making a legal maneuver you lot should be able to get the ticket dismissed.^[4]
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Make note of the exact code section yous're cited for violating. Read the police force and make certain yous understand both its elements and the penalties for violation.
- Make sure if penalties are listed in the lawmaking section that they match the fines or penalties assessed on your ticket.
- Call back that it is the prosecution'due south burden to prove each element of your violation – it's non your responsibility to prove that you didn't do it.
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Review the photos. If the notification you received included photos, review them to confirm that its your car in the photo, and that the photo is clear.
- Your best defense may turn out to be the blurriness of the photo. If the license tag isn't conspicuously visible, it may be difficult to confirm that the car is yours.^[5]
- If there's no clearly identifiable photo of you lot in the commuter'south seat, this may nowadays another artery of defense. You will be under oath, so you can't argue that you weren't driving if you were – however, you can argue that the prosecution tin't prove you were driving, or has no prove that you were driving. This volition get you off the claw if you alive in a jurisdiction that requires tickets follow the commuter, non the registered owner of the auto.^[vi]
- If photos were not included with your citation, yous may need to wait until afterward your trial is scheduled to asking copies from law enforcement.^[7]
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1
Plead by mail or online, if possible. Some jurisdictions allow you to respond to the citation either past post or online, rather than going to a live arraignment in traffic court, for less serious traffic violations such as speeding or running a red calorie-free.^[8]
- Y'all must plead not guilty if y'all desire to dispute the traffic photographic camera ticket, and you tin't pay the fine listed. In some jurisdictions, paying the fine is considered an admission of guilt.
- Check your citation and make sure you plead not guilty before the deadline. Typically you'll accept 30 days to dispute the ticket, merely the time period may be shorter.
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Appear at arraignment. If you take no selection but to appear in traffic court if you intend to plead not guilty, show up at the date and time listed on your citation.
- This also may exist called a showtime advent or a notice hearing, depending on your jurisdiction.^[9]
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Request a formal hearing. When you plead not guilty, demand a full formal hearing or trial.
- When you asking a full trial, you too may exist required to attend other hearings such every bit a pre-trial hearing or mediation. Attend those equally required, but don't have anything less than a full dismissal of your traffic camera ticket.
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Asking production of documents. Now that you take a court date, recollect the local law department or other law enforcement agency in charge of the camera used to issue your commendation.
- If photos were non included with your commendation, yous'll need to request copies of them.^[x]
- You also should asking full maintenance records for the camera and the traffic light or speed monitoring arrangement to establish that they were regularly monitored and maintained. If their accuracy wasn't tested within a short period of time earlier your ticket was issued, the photograph is potentially unreliable as evidence.^[11]
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Inquiry the applicable constabulary. Look for cases in your city or county about traffic cameras, and see if any appellate court decisions have ruled on the legality of traffic photographic camera tickets.
- Aside from the photographic camera itself, there may exist other defenses that are recognized by law. For example, some states have specific rules near where warning signs must exist posted for traffic lights. If the warning signs were obscured or non present, y'all'd accept a defense.
- Some states recognize a necessity defense force for speeding. Since obviously a camera cannot tell why yous were speeding, you may be able to become out of the ticket this way.^[12]
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Appear at your scheduled hearing. Arrive at the courthouse on the day of your hearing with copies of whatever documents you intend to use as evidence in your defense.
- Make certain anything you bring with you is organized and you lot take a clean, professional appearance. Treat the judge and all courthouse staff with respect. Don't practice anything to requite the judge the opportunity to make a snap judgment that you are untrustworthy or have an attitude problem.
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Listen while the prosecutor presents the case against yous. The prosecutor will have the start opportunity to speak in your case. Mind quietly, making notes where something is said that you want to bring upwardly later, but practice not interrupt or speak directly to the prosecutor.^[13]
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Claiming the admissibility of the photograph every bit hearsay. In some jurisdictions such as Broward County, Florida,^[14] a crimson lite photographic camera photo is considered hearsay.^[xv]
- Basically, hearsay is defined equally an out-of-court argument presented in court to bear witness the truth of the matter asserted.^[sixteen] In this instance, the photo is an out-of-court "statement" that prosecution is attempting to use to testify you violated the traffic constabulary.
- Hearsay evidence is inadmissible unless it fits into i of the exceptions carved out of the rule. However, there are more than two dozen hearsay exceptions.^[17] Some courts take fit traffic camera photos into these exceptions, but others accept not. Research the upshot to notice out if this objection is available in your jurisdiction.
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Affirm your right to face up witnesses. The 6th Amendment of the Constitution guarantees yous the correct to cross-examine witnesses.
- Unless a witness appears who maintains the record and arrangement associated with the photographic camera, you do non have this opportunity.^[eighteen]
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Dispute the actuality of the photograph. If no 1 from the company that maintains the camera shows up to testify, object to the use of the photographs for lack of foundation.^[19]
- Also, if yous have a camera ticket for speeding, the company or officer who maintained the camera and the speed detection equipment must appear in court to testify or the photograph has no foundation to exist admitted into bear witness.
- For the prosecution to rely on the photos, information technology must present bear witness that the camera that took the photo, the organization that connected it to the traffic light, and the traffic light itself were operation properly. Without establishing this foundation that all of these machines are reliable, the photograph is not reliable and cannot be admitted into prove.^[20]
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Set on the lack of evidence. If the photos are articulate and the gauge allows them, but none of them conspicuously show yous driving, you take a defense that the prosecution cannot prove information technology was y'all driving the car.^[21]
- The photo also provides no proof that the traffic light was functioning properly. If prosecution can't show the traffic low-cal was operation properly, they can't prove that you ran the red light.^[22]
- These same arguments utilize if you have a camera ticket for speeding. Prosecution must bear witness that the speed detection organization was functioning properly for the photo to be evidence that you were speeding.
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Raise any other possible defenses. If your attack on the photographic 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.
- You don't accept to deny guilt for many of these defenses to work. For example, if y'all utilize the defense that y'all acted out of necessity to avoid harm to yourself or others, y'all're basically saying that you committed the violation but it was for a good reason.^[23]
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Article Summary Ten

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

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