How To Beat A Speed Camera Ticket

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

1. 1

   Check the date, time, and location of the ticket. Because camera tickets are sent to the possessor of the car, not the driver, make sure you lot actually were driving the motorcar when the ticket was issued.

   • By and large, the prosecutor must prove that you were driving in that location at that date and time. If someone else borrowed your automobile, you can't exist prosecuted.^[two]
   • Withal, sympathize that some states such every bit New York treat scarlet-calorie-free camera tickets similar parking violations, holding registered owners liable rather than the commuter specifically.^[iii] Make sure yous cheque the red light law in the jurisdiction where you got the ticket.
   • If you were driving your motorcar, endeavour to reconstruct the scene and retrieve what you were doing or what was happening at the time, and write down whatsoever details you remember. For example, yous may have been making a legal correct plough on red when the photographic camera took the photo. If you were making a legal maneuver you should exist able to get the ticket dismissed.^[4]

2. 2

   Brand note of the exact lawmaking section you lot're cited for violating. Read the law and make sure you sympathise both its elements and the penalties for violation.

   • Brand certain if penalties are listed in the code section that they lucifer the fines or penalties assessed on your ticket.
   • Call up that information technology is the prosecution's burden to prove each element of your violation – information technology'south not your responsibility to prove that yous didn't do information technology.

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3. 3

   Review the photos. If the notification you received included photos, review them to ostend that its your machine in the photograph, and that the photograph is clear.

   • Your best defense may turn out to exist 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'due south no clearly identifiable photo of you in the driver's seat, this may present another avenue of defense. You will be nether oath, so yous tin can't debate that you weren't driving if you lot were – notwithstanding, you tin can argue that the prosecution tin't prove you were driving, or has no prove that you were driving. This will become y'all off the hook if you lot live in a jurisdiction that requires tickets follow the driver, not the registered owner of the car.^[6]
   • If photos were not included with your citation, you may demand to wait until subsequently your trial is scheduled to asking copies from law enforcement.^[vii]

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1. 1

   Plead by mail or online, if possible. Some jurisdictions allow you to reply to the citation either by mail service or online, rather than going to a live arraignment in traffic court, for less serious traffic violations such every bit speeding or running a red light.^[8]

   • You must plead not guilty if you lot 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.
   • Check your citation and make certain y'all plead not guilty before the deadline. Typically you'll have 30 days to dispute the ticket, simply the time period may be shorter.

2. ii

   Appear at arraignment. If you lot have no choice only to appear in traffic courtroom if you intend to plead non guilty, show up at the date and time listed on your citation.

   • This also may be called a first appearance or a notice hearing, depending on your jurisdiction.^[ix]

3. 3

   Request a formal hearing. When you plead not guilty, demand a full formal hearing or trial.

   • When y'all request a full trial, you likewise may be required to attend other hearings such equally a pre-trial hearing or arbitration. Attend those equally required, but don't take anything less than a full dismissal of your traffic camera ticket.

4. iv

   Asking product of documents. Now that you have a court engagement, call up the local police department or other police force enforcement agency in charge of the camera used to issue your citation.

   • If photos were non included with your citation, y'all'll need to request copies of them.^[x]
   • You also should request full maintenance records for the photographic camera and the traffic low-cal or speed monitoring system to establish that they were regularly monitored and maintained. If their accurateness wasn't tested within a short menses of time before your ticket was issued, the photo is potentially unreliable as evidence.^[eleven]

5. 5

   Research the applicative law. Wait for cases in your urban center or county about traffic cameras, and see if any appellate court decisions have ruled on the legality of traffic camera tickets.

   • Aside from the photographic camera itself, there may be other defenses that are recognized by law. For example, some states have specific rules about where alert signs must be posted for traffic lights. If the alarm signs were obscured or not nowadays, you'd take a defense.
   • Some states recognize a necessity defense for speeding. Since obviously a camera cannot tell why you were speeding, yous may exist able to get out of the ticket this way.^[12]

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1. ane

   Appear at your scheduled hearing. Make it at the courthouse on the day of your hearing with copies of whatever documents you intend to use as evidence in your defense.

   • Make sure annihilation you bring with you lot is organized and you have a clean, professional appearance. Treat the judge and all courthouse staff with respect. Don't do anything to give the judge the opportunity to make a snap judgment that you lot are untrustworthy or take an attitude problem.

2. ii

   Heed while the prosecutor presents the case confronting you lot. The prosecutor volition have the start opportunity to speak in your example. Mind quietly, making notes where something is said that you want to bring up later, but do not interrupt or speak directly to the prosecutor.^[xiii]

3. 3

   Challenge the admissibility of the photograph every bit hearsay. In some jurisdictions such as Broward County, Florida,^[fourteen] a red calorie-free camera photograph is considered hearsay.^[15]

   • Basically, hearsay is defined as an out-of-courtroom argument presented in court to show the truth of the matter asserted.^[16] In this instance, the photo is an out-of-court "statement" that prosecution is attempting to use to evidence you violated the traffic police force.
   • Hearsay evidence is inadmissible unless it fits into one of the exceptions carved out of the rule. Even so, at that place are more than two dozen hearsay exceptions.^[17] Some courts accept fit traffic camera photos into these exceptions, just others have not. Research the effect to find out if this objection is bachelor in your jurisdiction.

4. 4

   Assert your right to confront witnesses. The Sixth Amendment of the Constitution guarantees you the right to cantankerous-examine witnesses.

   • Unless a witness appears who maintains the record and system associated with the photographic camera, you do not take this opportunity.^[xviii]

5. 5

   Dispute the authenticity of the photo. If no 1 from the company that maintains the camera shows upwardly to testify, object to the use of the photographs for lack of foundation.^[19]

   • Besides, if you have a camera ticket for speeding, the company or officeholder who maintained the photographic camera and the speed detection equipment must appear in court to prove or the photo has no foundation to exist admitted into prove.
   • For the prosecution to rely on the photos, information technology must present evidence that the photographic camera that took the photograph, the organisation that continued it 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 be admitted into evidence.^[20]

6. 6

   Attack the lack of evidence. If the photos are articulate and the estimate allows them, but none of them clearly bear witness you driving, you have a defense that the prosecution cannot prove it was you driving the car.^[21]

   • The photo as well provides no proof that the traffic low-cal was functioning properly. If prosecution can't prove the traffic low-cal was functioning properly, they tin't bear witness that y'all ran the red light.^[22]
   • These same arguments use if you accept a camera ticket for speeding. Prosecution must prove that the speed detection system was functioning properly for the photo to exist evidence that you were speeding.

7. 7

   Raise any other possible defenses. If your set on on the camera fails and the photos are admitted as bear witness, use any other defenses you may have found in your research that applied in your case.

   • You don't accept to deny guilt for many of these defenses to work. For example, if you lot use the defense that you acted out of necessity to avoid harm to yourself or others, you lot're basically saying that you committed the violation but information technology was for a adept reason.^[23]

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Article Summary Ten

To dispute a traffic camera ticket, plead non guilty past writing to your traffic court on the address provided. If yous have to nourish an arraignment, plead not guilty and request a formal hearing. While you're waiting for your hearing, research the law in your area to build a legal defense. For instance, some states require clearly visible alert signs for cameras to exist posted before a traffic light. If the alarm signs were obscured or non nowadays, you might not have to pay the fine. Some states besides recognize a necessity defense force for speeding, and so if you were driving to the infirmary in a blitz, you might too have a defense. When you make it at courtroom, present your case, using whatever evidence to support your claim. For more than tips from our Legal co-writer, including how to argue that speeding camera photos are hearsay in court, read on!

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Source: https://www.wikihow.com/Dispute-a-Traffic-Camera-Ticket#:~:text=To%20dispute%20a%20traffic%20camera%20ticket%2C%20plead%20not%20guilty%20by,to%20build%20a%20legal%20defense.

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