Beating A Camera Speeding Ticket In New Orleans

If you've received a speeding ticket in New Orleans, you may be wondering how to fight it. While camera tickets are harder to dispute than tickets issued by police officers, there are still ways to contest them. One method is to send a dispute letter to the address listed on the ticket, arguing that you have a constitutional right to face your accuser—whether that's the camera itself or the officer reviewing the footage. You can also question the accuracy of the camera footage and assert your right to remain silent under the Fifth Amendment. If your vehicle was sold or stolen at the time of the violation, you can submit an Affirmation of Non-Liability form along with the necessary documentation. Alternatively, you could argue that a school zone speed limit wasn't in effect if school wasn't in session, using the school calendar and city ordinances as evidence. While some people choose to ignore camera tickets, others have successfully fought them by requesting hearings or even changing their license plates. However, it's important to note that failing to pay camera tickets can result in your car being booted or towed.

Argue that the camera cannot identify the driver

While a camera speeding ticket in New Orleans is a civil violation against the vehicle and not the driver, the owner of the vehicle is liable. This means that if you lend your car to someone and they receive a camera speeding ticket, you will face the consequences if the ticket goes unpaid.

If you receive a camera speeding ticket, there will be a photo attached to the ticket as evidence. If the photo is unclear or not of you, you can contest the ticket. It is best to hire a lawyer to assist you with this. While you are not required by law to identify the person in the photograph, a judge may ask you to do so and you may decline. A good traffic attorney can assist you with giving the correct answers in court.

If you are the registered keeper of a vehicle and are accused of failing to name the driver, you will not be found guilty if you can show that you used "reasonable diligence" to ascertain who was driving at the time but it wasn’t possible for you to name the driver. This means that you have done your best to work out who was driving, but simply haven’t succeeded. For example, if you and your partner were taking turns driving on a long motorway journey, and a speed camera recorded your vehicle as speeding, you may not be able to remember whether it was you or your partner driving at that particular point in time. In this case, it may be argued that "reasonable diligence" was used to try to find out who the driver was, but the driver could not be named.

You will also not be found guilty of failing to reply to a request for driver's details if you can show that it was not "reasonably practicable" to name the driver within the time limit. For example, if the letter from the police got lost in the post and never reached you.

Request to face your accuser

In the United States, the Sixth Amendment of the Constitution guarantees you the right to cross-examine witnesses. This is important to remember if you want to dispute a speeding ticket from a camera in New Orleans.

What to Do

If you receive a speeding ticket in the mail, you should first check the date, time, and location of the ticket. Camera tickets are sent to the owner of the car, not the driver, so make sure you were driving the car when the ticket was issued.

If you were driving, try to remember what you were doing or what was happening at the time, and write down any details you recall. For example, you may have been making a legal right turn when the camera took the photo. If you were making a legal maneuver, you should be able to get the ticket dismissed.

Next, you must plead not guilty if you want to dispute the ticket. You can do this by mail or online, depending on the jurisdiction. Check your citation and make sure you plead not guilty before the deadline, which is typically within 30 days of receiving the ticket.

When you plead not guilty, demand a full formal hearing or trial. This may require you to attend other hearings, such as a pre-trial hearing or mediation, but do not accept anything less than a full dismissal of your ticket.

Now, call the local police department or law enforcement agency responsible for the camera and request any photos that were not included with your citation. You should also request maintenance records for the camera and 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.

Finally, appear at your scheduled 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 of any points you want to address.

Challenging the Evidence

You can challenge the admissibility of the photograph as hearsay. Hearsay is an out-of-court statement presented in court to prove the truth of the matter asserted. In this case, the photo is an "out-of-court statement" that the prosecution is using to prove you violated the traffic law. Hearsay evidence is generally inadmissible unless it fits into one of the exceptions.

You also have the right to confront witnesses. Unless a witness appears who maintains the record and system associated with the camera, you do not have this opportunity.

If no one from the company that maintains the camera shows up to testify, you can object to the use of the photographs for lack of foundation. The prosecution must present evidence that the camera, the system connecting it to the traffic light, and the traffic light itself were functioning properly for the photo to be reliable evidence.

If the photos are clear and admitted as evidence, but none of them show you driving, you can argue that the prosecution cannot prove it was you driving the car.

Other Defenses

Even if your challenges to the camera evidence fail and the photos are admitted, you may still have other defenses available. For example, some states have specific rules about where warning signs must be posted for cameras. If the warning signs were obscured or not present, you may have a defense.

Additionally, some states recognize a necessity defense for speeding. This means that even if you were speeding, you had a good reason for doing so, such as driving to the hospital in an emergency.

Argue that the camera may be pointing at the wrong lane

If you've received a camera speeding ticket in New Orleans, it means a traffic camera has snapped a picture of your vehicle violating a traffic law. While it is harder to fight a camera ticket than a regular ticket issued by a police officer, there are still ways to dispute it. One strategy is to argue that the camera was pointing at the wrong lane. Here are some paragraphs to help you craft this argument:

Firstly, it's important to understand that camera tickets are civil violations against the vehicle, not the driver. This distinction is crucial because it means that, in the eyes of the law, the vehicle itself is responsible for the violation, not the person driving. This can work in your favour if you can prove that the camera was pointing in the wrong direction and captured the wrong vehicle.

When disputing a camera speeding ticket, it's essential to review the photo or video evidence provided. In the case of arguing that the camera was pointing at the wrong lane, scrutinize the angle and direction of the camera. Look for any discrepancies or anomalies that suggest the camera was not properly aligned with the lane you were driving in. Even a slight deviation in the camera angle can cast doubt on the accuracy of the ticket.

To strengthen your argument, you may want to consult with an attorney who specializes in traffic violations. They can help you navigate the legal process and ensure your rights are protected. Additionally, an attorney can assist in gathering evidence, such as requesting additional camera footage or photos, to support your claim that the camera was pointing in the wrong direction. Their expertise can make a significant difference in the outcome of your case.

It's worth noting that while camera tickets are not reported to the DMV or insurance companies, failing to pay them can result in consequences. In New Orleans, the worst-case scenario is typically having your car booted or towed. While this is inconvenient, it's far less severe than the penalties associated with regular traffic tickets, which can include arrest and license suspension.

Lastly, while it may be tempting to ignore a camera speeding ticket, especially if you believe the camera was pointing at the wrong lane, it's generally not advisable. Unpaid camera tickets can accumulate and lead to future hassles, such as having your car booted if you park on the street. Therefore, it's often more practical to pay the ticket or consult an attorney to explore your legal options for disputing it.

Argue that the date/time stamp is incorrect

While it is difficult to fight a camera ticket, you can argue that the date and time stamp on the photo is incorrect. This is a valid reason to contest a citation and request a hearing.

The City of New Orleans operates an Automated Traffic Enforcement System that uses state-of-the-art digital cameras to capture traffic violations. These cameras are activated by sensors and are calibrated to record violations accurately, including the speed of the vehicle and the date and time of the incident.

However, there may be instances where the date and time stamp on the camera is incorrect, which can be due to a variety of reasons such as technical glitches, human error during calibration, or intentional manipulation. If you have evidence or reason to believe that the date and time stamp on your citation is inaccurate, you can use this as a basis to dispute the ticket.

To strengthen your argument, you may want to gather evidence that contradicts the date and time stamp on the citation. For example, you can provide your own time-stamped evidence, such as receipts, timestamps from work emails or phone calls, or even social media posts that indicate your whereabouts at a different time. You could also request maintenance records for the camera in question to determine if there were any known issues with the equipment. Additionally, you may want to cross-reference the time on the citation with other records, such as police reports or logs from the camera operator, to identify any inconsistencies.

It is important to note that fighting a camera ticket can be costly, and the hearing officer may still find you guilty based on the photo evidence. Nevertheless, if you have a valid argument and strong supporting evidence, disputing the citation may be worthwhile.

Argue that the school zone speed limit was not in effect

If you've received a speeding ticket in a New Orleans school zone, it's important to know your options for disputing it. While it may be tempting to just pay the fine, pleading guilty can have lasting implications. Here are some ways to argue that the school zone speed limit was not in effect when you received your ticket:

Firstly, it's crucial to understand the school zone speed limits and their enforcement in New Orleans. The standard speed limit in a Louisiana school zone is 20 miles per hour, except for university campuses, which can set their own speed limits. School zone speed limits are only enforceable when school is in session. During school breaks, such as summer vacation, these speed limits are not enforced, and drivers are allowed to maintain their regular speed. However, it's important to watch out for inconsistent traffic lights and signage, as some school zone lights may still flash even when school is out, confusing drivers about the applicable speed limit.

Secondly, be mindful of the specific times when school zone speed limits are typically in effect. In New Orleans, these hours are usually from 7:00 or 7:30 a.m. to 8:45 a.m. and 2:00 p.m. to 4:45 p.m. If you receive a speeding ticket outside of these designated hours, you may have a valid argument that the school zone speed limit was not in effect at the time of your infraction.

Thirdly, consider the specific circumstances of your speeding ticket. Were there any mitigating factors or unusual conditions that affected your ability to adhere to the speed limit? For example, if the school zone speed limit signs were not clearly posted or were obstructed from view, you may argue that you were unaware of the reduced speed requirement. Additionally, if there were roadworks or unexpected traffic disruptions that prevented you from maintaining the speed limit, this could be a factor in your defence.

Moreover, it's worth examining the accuracy and calibration of the speed detection equipment used. In some cases, the speed cameras or radar devices employed by law enforcement may not be properly calibrated or maintained, leading to inaccurate readings. You can request information on the maintenance records and calibration procedures for the specific device that recorded your alleged speeding infraction. If there are any discrepancies or issues with the equipment, this could provide grounds for disputing your ticket.

Lastly, it's advisable to seek legal assistance. Consult with a traffic ticket lawyer who has experience in handling similar cases in New Orleans. They can guide you through the process, build a strong defence, and potentially negotiate a reduction or dismissal of the charges. An attorney can help you navigate the complex legal landscape and ensure your rights as a driver are protected. Remember, while camera tickets may seem like a minor inconvenience, they can have long-lasting consequences on your driving record and insurance premiums.

Frequently asked questions