Fight Camera Tickets: Know Your Rights, California!

Getting a ticket for running a red light in California can be costly, with fines typically around $500. While many simply pay the fine, it is possible to fight a red light ticket. The first step is to carefully read the citation, which will provide information about the incident and instructions on how to pay the fine or contest the ticket. If you weren't driving, you can submit an affidavit to provide the name and address of the person who was, so the citation can be sent to them. You can also request photographs or videos of the incident as evidence and check if there are any visible warning signs posted near the intersection. If you decide to fight the ticket, you'll need to plead not guilty at your arraignment and present your case and evidence in court.

Request photos/videos of the incident

Requesting photos or videos of the incident is a crucial step in building your defence against a red-light camera ticket in California. Here is a detailed guide on how to do this:

Identify the Relevant Authorities:

Firstly, you need to identify the relevant authorities who can provide access to the photos or videos. In California, the red-light camera tickets are issued by the local law enforcement agencies. Therefore, you should contact the relevant local law enforcement agency that issued your citation. The name and address of this agency will be listed on your citation.

Submit a Formal Request:

After identifying the correct authority, you need to submit a formal request for the photos or videos. This may involve filling out a form or sending a written request to the law enforcement agency. Make sure to comply with any legal procedures or fees involved in the process.

Check Online Availability:

In some cases, the photos or videos captured by the red-light cameras may be available online. Check your citation for instructions on how to access them. There may be a website listed on your citation where you can view the footage.

Act Quickly:

It is important to act quickly, as traffic camera footage is typically retained for a limited period. In California, traffic cameras usually store footage for 30 to 90 days before it is deleted or overwritten. Therefore, submit your request as soon as possible to ensure the footage is still available.

Verify the Footage:

Once you receive the photos or videos, verify their authenticity and relevance to your case. Check if the footage clearly shows your vehicle, license plate, and the driver. This evidence will be crucial in building your defence.

Backup and Store the Footage:

If the photos or videos support your case, make sure to back them up and store them safely. You may need to present this evidence in court, so ensure you have easy access to the footage when needed.

By following these steps, you can effectively request and obtain photos or videos of the incident to build your defence against a red-light camera ticket in California.

Submit an affidavit if you weren't driving

If you weren't driving when the red-light camera ticket was issued, you can submit an affidavit to avoid paying the fine. Your citation will include an affidavit form, which you should fill out with the name and address of the person who was driving. This means the citation can be sent to them instead. You will also be asked for their driver's license number, but if you don't have this information, you can leave it blank for the law enforcement agency to look up.

Writing an affidavit is voluntary, and you are not required to name the person driving. However, you must be sure that you were not the driver, and you must send in the form, usually accompanied by a copy of your driver's license and a recent photograph. If the court cannot identify the driver, the ticket will be dropped.

Do not claim you weren't driving if this is not true, as this is perjury.

Check yellow light interval

If you've received a red-light camera ticket in California, you may be able to get it dismissed by checking the yellow light interval. California law requires lights to stay yellow for a certain period before turning red, and if the yellow light interval is shorter than the minimum required time, this can be used as a defence.

To check the yellow light interval, you can time the light with a stopwatch, averaging several cycles. You can then compare this to the required time listed in the California Manual on Uniform Traffic Control Devices, which can be downloaded from the California Department of Transportation website.

For example, if the posted speed limit is 25 mph or less, the minimum yellow interval is 3.0 seconds. If the posted speed limit is 35 mph, the minimum yellow interval is 3.6 seconds. If it's 45 mph, the minimum yellow interval is 4.3 seconds.

Ensure warning signs are present

To beat a camera ticket in California, it is important to ensure that warning signs are present and visible at the intersection. Here are some detailed steps and information to help you with this:

• When you receive a camera ticket, carefully review the citation to understand the date, time, and location of the incident. This information will be crucial for your defence.
• Visit the intersection where the incident occurred and look for warning signs. California law requires the presence of warning signs within 200 feet of the intersection, clearly stating the use of an automatic enforcement system.
• If there are no warning signs or if the signs are not clearly visible, you may have a strong defence against your camera ticket. For example, the sign may have fallen down or may be obstructed by a tree branch or other objects.
• Take note of the specific details, such as the absence of signs or their poor visibility, as evidence to support your case.
• It is also a good idea to take photographs of the intersection, focusing on the areas where warning signs should be present according to the legal requirements. These photos can be used as additional evidence.
• If possible, return to the intersection at a similar time of day as the incident, as lighting conditions may impact the visibility of warning signs.
• If there are multiple approaches to the intersection, ensure you check for warning signs in all directions.
• In addition to checking for warning signs, also take note of the functionality of the traffic light and camera. Observe if the traffic light is working properly and if the camera is activated when a vehicle runs a red light.
• You can also time the yellow light interval to ensure it meets the minimum duration required by California law. If the yellow light duration is shorter than the legal requirement, it can be used as further evidence to support your case.
• If there are no warning signs or if they are not clearly visible, document this information along with any other relevant observations. This will be crucial when building your defence and contesting the camera ticket.

Request info on camera maintenance

Requesting Information on Camera Maintenance to Fight a Traffic Ticket

If you've received a traffic ticket in California, you may be able to fight it by requesting information on the maintenance of the camera system. Here are some steps you can take to increase your chances of success:

Step 1: Understand the Law and Your Rights

Before you begin the process of fighting your ticket, it's important to understand the applicable laws and your rights. In California, red-light cameras are used as a traffic enforcement tool, and you will receive a citation by mail if your car is caught running a red light. This citation will include information about the incident, as well as instructions on how to pay the fine or contest the ticket. It's important to read and understand the specific code section you're cited for violating, as well as the associated penalties.

Step 2: Examine Your Ticket and Gather Evidence

Review your ticket carefully and make sure you were actually driving the car when the incident occurred. Check the date, time, and location of the ticket. If you have any doubts, try to reconstruct the scene and write down any details you remember. You can also request photographs or videos of the incident to review it yourself. This evidence will be crucial in building your defense.

Step 3: Plead Not Guilty

If you want to dispute the ticket, you must plead not guilty. You can do this by mail, online, or in person at an arraignment or first appearance. Check your citation for the deadline to dispute the ticket, as you typically have 30 days to do so. Remember that paying the fine is considered an admission of guilt.

Step 4: Request Maintenance Records

Contact the local police department or law enforcement agency responsible for the camera and request full maintenance records. California state law requires automatic enforcement systems to be calibrated and inspected regularly. If the camera had not been properly inspected or calibrated at the time of the incident, this information can be used as evidence to support your case.

Step 5: Build Your Defense

Research cases in your city or county regarding traffic cameras and look for any appellate court decisions on the legality of traffic camera tickets. Also, look for specific rules or requirements, such as the placement of warning signs for traffic lights. If there are any discrepancies or violations of these rules, you may have a strong defense.

Step 6: Present Your Case in Court

Arrive at your scheduled hearing organized and well-prepared. Treat the judge and courthouse staff with respect, and present your evidence clearly and calmly. You can challenge the admissibility of the photographs as hearsay or dispute the authenticity of the photographs if no one from the company that maintains the camera is present to testify. You can also raise other defenses, such as arguing that you acted out of necessity to avoid harm.

Remember that fighting a traffic ticket can be a complex process, and it's important to thoroughly understand your rights and the applicable laws. If you feel overwhelmed, consider consulting a traffic attorney or legal expert for guidance.

Frequently asked questions