Traffic Camera Tickets: How And Why You Get Fined

Traffic cameras are used to enforce road rules and catch lawbreakers. If a camera catches you speeding, running a red light, or committing a similar traffic violation, you will receive a traffic camera ticket. The process for receiving these tickets varies depending on where you live. In some places, like Texas, traffic camera tickets are banned, while in other places, like California, you will receive a ticket in the mail with proof of your violation, instructions for paying the fine, and information about appearing in court.

Disputing a traffic camera ticket

Examining Your Ticket

First, check the date, time, and location of the ticket. Camera tickets are sent to the owner of the car, so make sure you were driving when the ticket was issued. The prosecutor must prove that you were driving in that location at that time. Some states, like New York, treat red-light camera tickets as parking violations, holding the owner liable.

Try to remember the details of the incident, such as if you were making a legal right turn on red when the photo was taken. If you were making a legal manoeuvre, you should be able to get the ticket dismissed. Make a note of the exact code section you're cited for violating and read up on the law to understand the elements and penalties for violation.

Pleading Not Guilty

You must plead not guilty to dispute a traffic camera ticket and avoid paying the fine, which may be considered an admission of guilt. Check your citation and plead not guilty before the deadline, which is typically around 30 days. If you can, plead by mail or online to avoid going to traffic court.

Appearing in Court

If you have to appear in court, show up at the date and time on your citation. Request a full formal hearing or trial, and also attend any other hearings required, like pre-trial hearings. Call the local police department to request production of documents, including photos and maintenance records for the camera and traffic light or speed monitoring system. Research the applicable law and look for cases in your city or county about traffic cameras, and check for any appellate court decisions on the legality of traffic camera tickets.

Presenting Your Defence

Arrive at your hearing with copies of any documents you intend to use as evidence. Treat the judge and courthouse staff with respect, and listen quietly while the prosecutor presents their case, making notes for your defence.

You can challenge the admissibility of the photograph as hearsay, as it is an out-of-court statement presented to prove the truth of the matter asserted. Assert your right to confront witnesses, as guaranteed by the Sixth Amendment of the Constitution. Dispute the authenticity of the photograph if no one from the company that maintains the camera shows up to testify.

If the photos are clear and allowed as evidence but don't show you driving, argue that the prosecution can't prove it was you. Also, claim that the photo doesn't prove the traffic light was functioning properly.

Other Defences

If your challenges to the camera fail and the photos are admitted as evidence, use other defences, like the necessity defence for speeding, which doesn't deny guilt but argues it was for a good reason.

Camera tickets and driving records

Camera tickets are treated differently in different places. In Seattle, for example, camera tickets are processed like parking tickets and will not appear on your state driving record. However, unpaid tickets may cause the Department of Licensing to place a hold on your vehicle registration.

In most states, camera tickets are treated like non-moving violations, such as parking tickets or tickets for expired registration. This means they won't result in points on your license or increases in your insurance rates. However, in a few states, including Arizona, California, and Oregon, camera tickets are treated as moving violations, which can result in points on your license, marks on your driving record, and insurance increases.

If you want to dispute a camera ticket, you can plead not guilty by mail, online, or in person, depending on the jurisdiction. You'll then need to request a full hearing or trial, where you can present your defense. Some possible defenses include arguing that the photo is unclear or unreliable, that the camera was not properly maintained, or that you had a valid reason for your actions, such as avoiding an accident or responding to an emergency.

Not paying a camera ticket

If you don't pay a camera ticket, there may be no consequences for your credit score, but you may still be contacted by a collection agency. In some jurisdictions, you can even ignore a camera ticket without penalty. However, if you want to dispute a traffic camera ticket, you must not pay the fine. Here are some steps you can take if you want to fight a camera ticket:

Examining Your Ticket

First, check the date, time, and location of the ticket. Because camera tickets are sent to the owner of the car, make sure you were driving when the ticket was issued. Some states treat red-light camera tickets like parking violations, holding the registered owner liable. If someone else was driving your car, you may not be prosecuted. Try to remember what you were doing at the time of the ticket and write down any details you remember. For example, you may have been making a legal right turn on red. If you were making a legal manoeuvre, you should be able to get the ticket dismissed.

Pleading Not Guilty

You must plead not guilty if you want to dispute the ticket. In some jurisdictions, paying the fine is considered an admission of guilt. Check your citation and plead not guilty before the deadline, which is typically within 30 days of receiving the ticket. If you can plead by mail or online, you may not need to appear in traffic court.

Appearing in Court

If you need to appear in traffic court, show up at the date and time listed on your citation. When you plead not guilty, demand a full formal hearing or trial. You may also be required to attend other hearings such as pre-trial hearings or mediation.

Requesting Documents

Call the local police department or law enforcement agency in charge of the camera used to issue your citation to request any photos that were not included with your ticket. You should also request full maintenance records for the camera and the traffic light or speed monitoring system to establish that they were regularly monitored and maintained. If their accuracy wasn't tested recently, the photo may be unreliable as evidence.

Researching Applicable Law

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 camera tickets. There may be other defences recognised by law. For example, some states have specific rules about where warning signs must be posted for traffic lights, or they may recognise a necessity defence for speeding.

Appearing at Your Hearing

Arrive at the courthouse on the day of your hearing with copies of any documents you intend to use as evidence in your defence. Treat the judge and courthouse staff with respect. Listen quietly while the prosecutor presents their case, making notes on anything you want to bring up later.

Challenging the Evidence

You can challenge the admissibility of the photograph as hearsay, dispute the authenticity of the photograph if no one from the company that maintains the camera shows up to testify, or attack the lack of evidence if none of the photos clearly show you driving. You can also raise other possible defences, such as a necessity defence, even if you don't deny guilt.

Contesting a camera ticket

Check the Evidence

If you receive a camera ticket in the mail, it should include photographs and a web address where you can view the video footage. Check this evidence carefully—the photos and videos must show your vehicle crossing the limit line or entering the intersection after the light turned red. If they do not, you may be able to get the ticket dismissed.

Check the Signage

Some states require signage to be posted at intersections with red light cameras, specifying what the signs must say and where they must be located. If you were cited for a violation at an intersection that didn't have the required signage, you may be able to contest the ticket.

Check the Driver

In most states, it's the driver—not the vehicle owner—who's liable for the violation. Many states allow owners who receive tickets to submit an affidavit stating that they were not driving when the violation occurred, which will usually result in the dismissal of the ticket.

Check the Calibration of Your Speedometer

If you were ticketed for speeding, you may be able to contest the ticket if your speedometer was not properly calibrated. For example, if the speed limit was 110 km/h and you believed you were travelling at that speed (perhaps with the speed locked in on cruise control), but you received a ticket for travelling at 120 km/h, you could have your speedometer tested by a mechanic. If it turns out that your speedometer was not showing the right speed, this could be enough to get the ticket dismissed.

Check the Calibration of the Camera

Speed cameras are not infallible—they are scientific instruments that require proper maintenance and calibration to provide accurate readings. If a camera has not been properly maintained or calibrated, it can give an inaccurate reading. Similarly, if the camera is not used correctly by the police officer or the conditions are not ideal, it may give a false reading.

Check Your Clean Driving Record

If you have a clean driving record, you may be able to appeal for leniency, even if technical defences are not available to you. This is more likely to be successful if you have an extended period of clean driving, for example, 10 years or more.

Consult a Lawyer

If you want to contest a camera ticket, it is a good idea to speak to an experienced traffic lawyer. They will be able to advise you on the best course of action and may be willing to work on a "no win, no fee" basis.

Declaring non-responsibility

If you receive a traffic camera ticket, you may be able to declare non-responsibility and avoid the fine. This is a sworn statement that you were not driving the vehicle at the time of the violation. This only applies to traffic camera violations and not all locations will allow this. For example, in Seattle, you can submit a Declaration of Non-Responsibility online, by mail, email, or fax. However, some cities may not offer this option.

To declare non-responsibility, you will need to download the relevant form and complete it. You do not have to name the person who was driving the vehicle, only that it was not in your care, custody, or control at the time of the violation. Send the completed form to the relevant court or authority. You may receive a letter confirming receipt of your declaration and it could take a couple of months for the ticket to be dismissed.

It is important to note that not all locations will allow you to declare non-responsibility. For example, in some places, a vehicle driven by an employee is considered to be the responsibility of the registered owner or employer. In such cases, the owner or employer may pay the ticket or request a hearing.

Frequently asked questions