Fight Traffic Camera Tickets: Know Your Rights, Washington

If you've received a traffic camera ticket in Washington, don't panic – there are several options for how to respond. Firstly, you can choose to simply pay the fine by sending a check in the mail, but if you want to fight the ticket, you can request a contested hearing. This must usually be done within 33 days of receiving the ticket, and the ticket will include instructions on how to do so. If you weren't driving at the time of the infraction, you can submit a declaration of non-responsibility, either online, by mail, or by email. This is a sworn statement that the vehicle was not in your care at the time of the violation. It's worth noting that camera tickets are treated like parking tickets in Washington and won't go on your driving record or affect your insurance rates.

Plead not guilty and request a hearing

If you want to fight a traffic camera ticket in Washington, you can plead not guilty and request a hearing. This is a better option than simply paying the fine by mail, which many people opt for because they believe they won't win in court or that it's too complicated. However, the state hopes that this option will reduce the number of people fighting tickets in court.

To plead not guilty, you'll need to respond to the citation either by mail or online, or by appearing in traffic court. Check your citation and make sure you plead not guilty before the deadline, which is typically within 30 days of receiving the ticket. If you have no option but to appear in court, this is called an arraignment, first appearance, or notice hearing, and the date and time will be listed on your citation. When you plead not guilty, demand a full formal hearing or trial.

If you were not driving the vehicle when the alleged violation occurred, you can file a Declaration of Non-Responsibility online. This is a sworn statement that the vehicle was not in your care, custody, or control at the time of the violation. You can also submit this declaration by mail, email, or fax. If you were driving, try to remember as many details as possible about the incident, such as whether you were making a legal right turn on red when the camera took the photo.

While you wait for your hearing, research the law in your area to build a legal defense. For example, check if warning signs about the cameras were properly displayed. In Washington, areas utilizing cameras to issue traffic tickets must display a notice or sign that is visible to the public within their local ordinance.

Argue the camera photo is inadmissible hearsay

If you want to beat a traffic camera ticket in Washington, you can argue that the camera photo is inadmissible 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 attempting to use to prove you violated the traffic law.

You can object to the use of the photo as evidence on the grounds that it is hearsay and does not fall within any of the recognized exceptions to the hearsay rule. There are more than two dozen hearsay exceptions, and some courts have allowed traffic camera photos to be admitted under these exceptions, while others have not. Research the issue to find out if this objection is likely to be successful in your jurisdiction.

Even if the photo is admitted as evidence, you can still challenge the accuracy of the camera and the traffic light or speed monitoring system. Request maintenance records to establish that they were regularly monitored and maintained, and that their accuracy was tested shortly before your ticket was issued. If not, the photo may be unreliable as evidence.

Additionally, 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 to establish the foundation that these machines are reliable and the photo is admissible.

Challenge the authenticity of the photo

If you want to challenge the authenticity of a photo used as evidence for a traffic camera ticket in Washington, you can request a contested hearing. Before you do so, it is recommended to review the photographs and videos of the alleged violation. You can do this by entering the ticket number and PIN number on the provided webpage.

To request a contested hearing, you can either:

• Check the box on the back of the ticket indicating that you are requesting a contested hearing and mail your response.
• Request a contested hearing online by registering for a free e-filing portal account.

In a contested hearing, the city/state must prove by a preponderance of evidence that you committed the violation. You can request witnesses to appear at the hearing. Contact the Court to find out how to request a subpoena for a witness to appear at the hearing.

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 that took the photo, the system that connected it to the traffic light (if applicable), and the traffic light itself were functioning properly. Without establishing this foundation, the photo is not reliable and cannot be admitted into evidence.

Additionally, you can argue that the photo does not clearly show you driving, and therefore, the prosecution cannot prove it was you.

Argue the prosecution can't prove you were driving

If you receive a traffic camera ticket in the mail, the first thing to do is 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 actually driving the car when the ticket was issued. If someone else borrowed your car, you cannot be prosecuted.

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

If photos were included with your citation, review them to confirm that it's your car in the photo, and that the photo is clear. If the license tag isn't clearly visible, it may be difficult to confirm that the car is yours. If there's no clearly identifiable photo of you in the driver's seat, this may present another avenue of defense. You will be under oath, so you can't argue that you weren't driving if you were, but you can argue that the prosecution can't prove you were driving, or has no evidence that you were driving. This will get you off the hook if you live in a jurisdiction that requires tickets to follow the driver, not the registered owner of the car.

If photos were not included with your citation, you may need to wait until after your trial is scheduled to request copies from law enforcement.

When you plead not guilty, demand a full formal hearing or trial. You may be required to attend other hearings such as a pre-trial hearing or mediation. Attend those as required, but don't accept anything less than a full dismissal of your traffic camera ticket.

Now that you have a court date, call the local police department or other law enforcement agency in charge of the camera used to issue your citation. 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 within a short period of time before your ticket was issued, the photo is potentially unreliable as evidence.

If your attack on the camera fails and the photos are admitted as evidence, use any other defenses you may have found in your research that applied in your case. For example, if you use the defense that you acted out of necessity to avoid harm to yourself or others, you're basically saying that you committed the violation but it was for a good reason.

Request a reduction if eligible

If you are eligible, you may be able to request a reduction in your ticket amount. To be eligible, it must be your first traffic camera ticket, or the ticket must have taken place within 21 days of your first traffic camera ticket. Additionally, you must be receiving financial assistance from the state of Washington under RCW Title 74 or the WIC program. If your ticket was for speeding in a school zone or for passing a stopped school bus, you are not eligible for a reduction in your fine.

To request a reduction, you must admit that you committed the infraction and that you are the registered owner of the cited vehicle. You can file your request through the internet portal, which is recommended, or by mail. If your request is approved, the court will notify you of the new amount due and the due date to pay. If your request is denied, the court will notify you of your hearing and payment options, along with a new due date.

Frequently asked questions