Speeding Tickets From Cameras: Admissible Court Evidence?

The use of speed cameras to monitor and enforce speed limits is a controversial issue. While some people argue that they improve road safety, others question their accuracy and reliability as evidence in court. Speed cameras are automated systems that capture images of vehicles exceeding the speed limit, and the resulting tickets are usually sent to the owner of the vehicle rather than the driver. These tickets typically include instructions on how to pay the fine or contest the charge. When deciding whether to contest a speeding ticket from a camera, it's important to consider factors such as the accuracy of the camera, signage, and whether the ticket was issued correctly. Contesting a ticket often involves gathering evidence, presenting a solid defence, and understanding the legal process.

Camera calibration and maintenance records

According to the manuals that come with police radar, to ensure accuracy, every radar unit should be calibrated with tuning forks before each shift and also before and after being used to detect each speeding violation. Tuning forks are also sensitive and require careful storage to protect them from moisture and jostling. If tuning forks are not stored correctly, they can become inaccurate.

In some jurisdictions, the calibration records may be regulated, and radar guns must be calibrated within an appropriate timeframe. If the radar gun hasn't been calibrated within this time frame, it is often a good reason to have a ticket dismissed. However, police departments are aware of this requirement and usually keep up-to-date calibration records.

To obtain calibration records, you may need to request them through a Freedom of Information Act (FOIA) request. These records can be used to show that the radar gun was not calibrated correctly, or that the calibration was performed incorrectly or outside of the required timeframe. This can be a successful strategy for getting a speeding ticket dismissed, but it is important to note that police departments are generally aware of the requirement to calibrate regularly and may have up-to-date records.

Visibility of warning signs

Warning signs for speed cameras are not required by law, but some states or countries have specific rules about where they must be posted. In the UK, there is no legal requirement for any speed camera device to be marked or signed. However, police forces have their own codes of practice and best practice guides, which are policies rather than laws.

In Australia, the NSW government has implemented guidelines for mobile speed camera operators, including the use of rooftop signs to inform motorists that their speed is being checked. While these signs are not legally required, the government has warned that fines will not be automatically waived if they are not visible.

In the US, some states have specific rules about the placement of warning signs for speed cameras. For example, in California, clearly visible warning signs must be posted before a traffic light with a camera. If the warning signs are obscured or not present, this may be a valid defense against a traffic camera ticket.

It is important to note that the effectiveness of warning signs for speed cameras is debated. Some argue that increasing the visibility of cameras may actually increase deaths and injuries on the road by removing the uncertainty of their location, which is a deterrent for speeding.

Driver vs. owner

When a speeding ticket is issued through a photo radar system, the ticket is sent to the owner of the vehicle, not the driver. This means that the driver does not receive any demerit points, and the violation does not appear on their driving record. The ticket will only impose a fine, without affecting insurance premiums.

If you were not the driver at the time of the violation, you cannot be prosecuted. However, if you were the driver, you can still dispute the ticket in court. First, you must plead not guilty by mail, online, or in person at an arraignment. Then, you can request a formal hearing and gather evidence to support your case. For example, you can request copies of the photos taken by the camera, as well as maintenance records for the camera and speed monitoring system. You can also research the applicable laws and precedents in your area to build your legal defense. At the hearing, you can present your evidence and argue against the admissibility and authenticity of the prosecution's evidence.

Procedural errors

Understanding the Ticket

When you receive a speeding ticket from a speed camera, carefully review the details on the citation. Note the fine amount, which is typically lower than a ticket issued by a police officer. In Maryland, for example, the standard fine for a speed camera ticket is $40. Also, be aware that while these tickets don't add points to your license, accumulating multiple tickets could impact your insurance rates.

Deciding to Contest

You have the right to contest a speeding ticket from a speed camera. Common grounds for contesting include challenging the accuracy of the camera due to potential calibration or technical issues, arguing that proper signage was missing or obscured, or identifying procedural errors on the citation.

Requesting a Hearing

To contest the ticket, you'll need to request a hearing, typically within 30 days of receiving the citation. You can usually do this by mail, online, or by phone. During this process, you'll want to gather relevant evidence, such as photographs of the area, maintenance records of the camera, and statements from witnesses or passengers.

Presenting Your Case

At the hearing, you'll have the opportunity to present your evidence and arguments. Be prepared to clearly and concisely explain your position and address any questions the judge may have. Remember to treat courthouse staff and the judge with respect throughout the process.

Potential Outcomes

After reviewing the evidence and hearing both sides, the judge will make a decision. They may uphold the ticket, reduce the fine, or dismiss the ticket entirely. Understanding your rights and presenting a well-prepared case can increase your chances of a favorable outcome.

Seeking Legal Advice

If you need further assistance, consider consulting a traffic ticket lawyer or a qualified attorney. They can provide guidance and help you navigate the legal process more effectively.

Hearsay evidence

In some jurisdictions, a red light camera photo is considered hearsay. The photo is an out-of-court "statement" that the prosecution uses to prove that the driver violated traffic laws. Hearsay evidence is generally inadmissible unless it fits into one of the exceptions. There are more than two dozen hearsay exceptions, and some courts have included traffic camera photos in these exceptions, while others have not.

In speeding ticket trials, the rule against hearsay is particularly important. For example, a driver cannot claim in court that their passenger informed them about the speed limit, as this would be classified as hearsay because the passenger is not there to substantiate the claim.

In traffic court, the government's evidence usually consists of only the testifying officer who gave the ticket. The driver or their attorney can make objections to the officer's testimony or other evidence presented by the government. For instance, if an officer is reading directly from their notes, a "hearsay" objection can be made.

Frequently asked questions