Beat Virginia Traffic Camera Tickets: What You Need To Know

If you've received a speeding ticket in Virginia, you may be wondering if there's any way to get out of it. The good news is that you have options to dispute the ticket and potentially get it reduced or dismissed. Here's what you need to do:

First, examine your ticket carefully. Make sure you understand the charges against you and the penalties you may face. Check the date, time, and location of the alleged violation. Since camera tickets are sent to the owner of the car, you'll want to confirm that you were actually driving the car at that time.

Next, decide how you want to plead. If you want to dispute the ticket, you must plead not guilty. This can usually be done by mail, online, or in person at an arraignment. Keep in mind that paying the fine is often considered an admission of guilt, so don't pay the ticket if you want to dispute it.

If you plead not guilty, you'll need to prepare for your hearing. Research the applicable laws and see if there are any successful cases of people disputing similar tickets. Look for specific rules about warning signs, speed limits, and other factors that may help your case. You should also request maintenance records for the camera and any speed detection equipment involved to ensure they were functioning properly.

Finally, present your case at the hearing. Arrive with copies of any evidence you plan to use and be respectful to the judge and courthouse staff. Listen to the prosecutor's case and then present your own defense, challenging any evidence they present and raising any applicable defenses you've found.

Keep in mind that the specific process and requirements may vary depending on your location within Virginia and the specifics of your case. Consulting with a lawyer who has experience with traffic violations in Virginia can help you navigate the process and improve your chances of a favorable outcome.

Contest the ticket by requesting a hearing and presenting your defence

If you want to fight a speeding ticket in Virginia, you can contest the ticket by requesting a hearing and presenting your defence. Here's a step-by-step guide:

Step 1: Submit a Not Guilty Plea

First, you must appear in court and submit a not guilty plea. You will be informed of the dates and timings for your court appearance. Make sure to attend the court on the assigned date.

Step 2: Decide Whether to Hire a Lawyer

Hiring a lawyer is not always necessary, but it can be beneficial. A lawyer with experience in traffic law can guide you through the process and improve your chances of a favourable outcome. The decision to hire a lawyer depends on your financial situation and the severity of the charges.

Step 3: Prepare for the Hearing

Conduct thorough research and, if possible, present witnesses who can support your case. Be prepared to answer any questions that may arise during the hearing. Practise what you will say to the judge and how you will present your defence.

Step 4: Plead Your Case

When appearing before a judge or jury, maintain discipline and behave respectfully. After hearing all the evidence and considering both sides, the judge will decide whether to maintain, reduce, or dismiss the charges.

Step 5: Request Production of Documents

Call the local police department or law enforcement agency responsible for the camera that issued your citation. Request copies of the photos taken and the maintenance records for the camera and speed monitoring system. This information can help establish that the equipment was regularly maintained and accurately calibrated.

Step 6: Research Applicable Law

Look for cases in Virginia, especially appellate court decisions, that have ruled on the legality of traffic camera tickets. Also, research specific defences recognised by law, such as the necessity defence for speeding or requirements for warning signs near traffic cameras.

Step 7: Attend the Hearing

Arrive at the courthouse on the scheduled hearing date with copies of any documents you plan to use as evidence. Dress professionally and treat the judge and courthouse staff with respect.

Step 8: Present Your Defence

Listen to the prosecutor's case and take notes on any points you want to address. Then, present your defence by challenging the admissibility of the photographs, asserting your right to confront witnesses, and disputing the authenticity of the photographs. If the photos are admitted as evidence, highlight any lack of proof that you were driving or that the speed detection system was functioning properly.

Plead not guilty and argue that the prosecution cannot prove you were driving

If you receive a traffic camera ticket in Virginia, you can dispute it by pleading not guilty and arguing that the prosecution cannot prove you were driving. Here's how to do it:

First, examine your ticket. Check the date, time, and location of the ticket. Since camera tickets are sent to the owner of the car, make sure you were actually driving the car when the ticket was issued. If someone else borrowed your car, you cannot be prosecuted. Understand the specific red light law in the jurisdiction where you got the ticket. If you were driving, try to remember what you were doing at the time and write down any details you remember.

Next, plead not guilty by mail, online, or in person at an arraignment. You must plead not guilty if you want to dispute the ticket and cannot pay the fine. Check your citation and plead not guilty before the deadline, which is typically within 30 days.

Then, request a formal hearing and any relevant documents. Call the local police department or law enforcement agency to request copies of the photos if they were not included with your citation. Also, ask for full maintenance records for the camera and traffic light or speed monitoring system to establish that they were regularly monitored and maintained.

Finally, appear at your scheduled hearing and present your defense. Treat the judge and courthouse staff with respect, and listen quietly while the prosecutor presents their case. Dispute the authenticity of the photograph if no one from the company that maintains the camera shows up to testify. Argue that the prosecution cannot prove it was you driving the car if none of the photos clearly show you driving. Additionally, the prosecution must prove that the traffic light and speed detection systems were functioning properly for the photo to be considered valid evidence.

Argue that the photo evidence is inadmissible due to lack of foundation or being hearsay

To beat a traffic camera speeding ticket in Virginia, one possible strategy is to argue that the photo evidence is inadmissible due to a lack of foundation or hearsay. Here are some ways to approach this strategy:

Lack of Foundation

If visibility, time of day, weather, or another factor is in question during the litigation, you can argue that there is a lack of substantial similarity between the incident and the photo evidence. For example, if the incident occurred at night, but the photo evidence appears bright and well-lit, you can argue that it does not accurately represent the conditions at the time of the incident.

To lay the foundation for photographic evidence, a witness must testify that:

• They are familiar with the object or scene in the photograph.
• The basis of their familiarity with the object or scene.
• They recognize the object or scene.
• The photograph is a "fair," "accurate," "true," or "good" depiction of the object or scene at the time in question.

Hearsay

Hearsay refers to 'second-hand' evidence, or a statement made by a person outside of the court that is presented in court as truth. If there is no witness present who can be cross-examined, a lawyer can argue that photo evidence is hearsay and should be deemed inadmissible.

Best Practices

• Establish a formal policy for the collection and preservation of evidence.
• Ensure that the evidence meets the requirements of relevance and authenticity.
• Prepare for objection tactics from the opposition.
• Plan ahead and anticipate your opponent's objections and motions.
• Decide who can testify to the foundational elements if no stipulation can be reached.

Dispute the accuracy of the speed detection device

If you want to dispute the accuracy of the speed detection device used to issue your speeding ticket, you'll need to understand the specific requirements for these devices in Virginia.

First, it's important to know that there are four approved methods for speed determination in Virginia, and three of these involve speed detection instruments. The common speed detection instruments used in the state are LiDAR, certain laser-driven technology, and RADAR.

By Virginia statute, speed detection instruments must be calibrated every six months (or every 12 months for photo speed monitoring devices). The officer or trooper must be able to produce a valid certificate of analysis for the calibration of their equipment. This calibration certificate is a critical document that shows the method and equipment used to record your speed were functioning properly and were correctly maintained during the required time period.

If the officer cannot produce this certificate or if it does not meet all the necessary requirements, this could be grounds to dispute the accuracy of the speed detection device.

In addition to the calibration requirements, the officer must also be trained to use the speed detection technology effectively and properly. The equipment must also be on the approved list outlined in the Virginia administrative code.

If all technical aspects are met, you can also consider whether there were any environmental or external factors that could have influenced the efficiency of the speed detection technology. While this is uncommon, it is possible that factors like rain, snow, or fog could impact LiDAR equipment, for example.

Operator error is another potential factor to consider. While law enforcement officers are generally well-trained, the sensitivity and intricacy of LiDAR and RADAR equipment mean that errors can occur. For instance, "sweep errors" with LiDAR equipment can accidentally add or subtract mph from a vehicle's speed.

Overall, by carefully examining the technical aspects of the speed detection device used in your case, you may be able to identify discrepancies or errors that could help you dispute the accuracy of the device and, ultimately, your speeding ticket.

Submit an Affidavit of Non-Liability or Non-Operation

If you receive a speeding ticket in the mail in Virginia, you have the right to contest the violation by submitting an Affidavit of Non-Liability or Non-Operation. This is a sworn statement that you were not liable for the violation because you were not driving the vehicle at the time of the incident.

• Review the forms: Visit the website www.violationinfo.com to access the Affidavit of Non-Liability or Non-Operation forms. This website provides all the necessary forms and instructions for submitting your affidavit.
• Prepare your documentation: Gather any supporting documentation that can help prove your non-liability or non-operation. For example, if your vehicle was stolen at the time of the violation, you will need a copy of the police report.
• Complete the Affidavit: Fill out the Affidavit of Non-Liability or Non-Operation form truthfully and accurately. Be sure to include all relevant details, such as your personal information, the details of the violation, and the reasons why you are not liable.
• Submit the Affidavit: Follow the instructions provided on www.violationinfo.com to submit your completed Affidavit and supporting documentation. Make sure to submit your Affidavit by the due date specified on your Notice of Violation.
• Wait for a response: Once you have submitted your Affidavit and documentation, the reviewing authority will consider your case. You will be notified in writing of any action taken, such as whether your violation has been dismissed or if further steps are required.

It is important to note that submitting an Affidavit of Non-Liability or Non-Operation is just one option for contesting a speeding ticket in Virginia. You also have the right to request a hearing to dispute the violation. Additionally, you may want to consider hiring a lawyer to help you navigate the legal process and improve your chances of a favorable outcome.

Frequently asked questions