Fighting Camera Tickets: Your Rights In New Orleans

If you've received a camera ticket in New Orleans, it's important to know your rights and options for contesting it. Camera tickets are civil violations issued when a traffic camera captures your vehicle violating a traffic law. While it's generally advisable to just pay these tickets, there are ways to fight them.

The City of New Orleans has been criticised for its controversial traffic camera program, which has seen drivers unlawfully ticketed and overcharged for speeding and red-light violations. As a result, there are several grounds on which you can dispute a camera ticket. These include:

- You were not behind the wheel when the violation occurred

- You were not speeding

- The traffic lights were malfunctioning

- There was no fair warning of the existence of traffic cameras

- You ran a red light to avoid a collision

- You stopped at a red light before turning right, but the camera misinterpreted this

You can contest a camera ticket in three ways: in person, by mail, or in court. Each method requires you to present evidence and arguments to support your case. It's also advisable to seek legal advice or representation when contesting a camera ticket.

Check for errors on the ticket

When you receive a camera ticket, it is important to check for any errors on the ticket. This is because mistakes on the ticket can sometimes result in it being dismissed. Officers are often in a hurry and may jot down incorrect information or forget to fill in all the necessary sections. Here are some common errors to look out for:

Incorrect Vehicle Information

If the officer lists the wrong make and model of your vehicle, the wrong license plate number, or any other essential identifying information, you may be able to get the citation thrown out. You can do this by providing documented proof of the correct information.

Incomplete Information

Officers may sometimes fail to include all the necessary information on the ticket. If crucial information is missing, such as the driver's license number, name of the driver, or violation details, the judge may dismiss the ticket.

Faulty Equipment

In recent years, there has been debate about the accuracy of radar guns and cameras attached to red lights. Weather conditions, such as high winds and winter storms, can affect the precision of the shutter speed on traffic cameras. If you believe that the equipment used to cite you was faulty, you may have a better chance of fighting your citation.

Wrong Violation

In some cases, the wrong violation may be documented on the ticket. For example, the officer may write "rolling a stop sign" when the actual violation was a failure to yield.

Clerical Errors

Even if the information on the ticket is correct, there may be clerical errors, such as information written in the wrong field on the form. These types of errors may not be enough to get the ticket dismissed, but it is still important to review the ticket for any inaccuracies.

If you find any errors on your camera ticket, it is recommended to contact an attorney to discuss your options and determine if the ticket can be dismissed or thrown out.

Research the radar device used

When contesting a camera ticket in New Orleans, it is important to research the radar device used by the police officer. Here are some tips to help you with this process:

• Identify the specific radar device: Find out the make and model of the radar device that was used to capture your alleged traffic violation. This information should be available on the ticket or through a public records request.
• Calibration and maintenance: Obtain records related to the calibration and maintenance of the radar device. Ensure that the device was properly calibrated and maintained according to the manufacturer's specifications and relevant regulations.
• Proper usage: Investigate whether the radar device was used appropriately during your incident. Determine if the operating procedures and guidelines were followed correctly by the police officer.
• Device accuracy: Understand the limitations and potential sources of error for the radar device. Look into factors that may impact the accuracy of the device, such as weather conditions, traffic density, or interference from other electronic devices.
• Compare with other evidence: Compare the data from the radar device with other available evidence, such as photographs, videos, or witness statements. Look for any inconsistencies or discrepancies that may cast doubt on the reliability of the radar readings.
• Consult an expert: Consider consulting an expert in radar technology or traffic engineering to review the device's data and provide an independent assessment of its accuracy and reliability.

By researching the radar device used, you can identify any potential issues or discrepancies that may help strengthen your case when contesting the camera ticket. Remember to stay organised and document all your findings thoroughly for presentation during your hearing.

Gather evidence to support your case

Gathering evidence to support your case is a crucial step in contesting a camera ticket in New Orleans. Here are some strategies to help you build a strong case:

• Review the photos and details: Carefully examine the photos and other evidence provided with the ticket. Confirm that the vehicle in the photo is indeed yours and that the photo is clear and not blurry. Note the date, time, and location of the alleged violation. If you were not driving the car at that specific time and location, this can be a strong point in your defence.
• Research applicable laws and precedents: Look for cases in New Orleans or Louisiana regarding traffic cameras and red-light violations. Check if there are any appellate court decisions or legal precedents that you can reference in your defence. For example, there may be specific rules about the placement and visibility of warning signs for traffic cameras.
• Question the camera's reliability: Request maintenance records and calibration information for the camera and any associated equipment (e.g., speed detection systems or traffic light sensors). If the camera was not properly maintained or calibrated, it could affect the accuracy of the evidence.
• Challenge the admissibility of evidence: In some jurisdictions, red-light camera photos may be considered hearsay and could be challenged as inadmissible. Consult with a legal professional to understand the specific rules of evidence in your area.
• Assert your right to confront witnesses: Under the Sixth Amendment, you have the right to cross-examine witnesses. If no one from the company that maintains the camera appears to testify, you can object to the use of the photographs due to a lack of foundation.
• Dispute the authenticity of the photo: If the photo does not clearly show you driving the vehicle, you can argue that the prosecution cannot prove it was you. Additionally, the photo does not prove that the traffic light or speed limit signs were functioning correctly.
• Provide alternative explanations: If the photos are clear and admissible, consider providing alternative explanations for your actions. For example, you may have been rushing to the hospital or trying to prevent a serious traffic accident. These explanations could demonstrate that you did not intentionally break the law.
• Consult a lawyer: Consider contacting a knowledgeable camera ticket lawyer or an experienced car accident lawyer specialised in red-light cameras. They can guide you through the legal process and improve your chances of success.

Send a dispute letter

If you want to contest a camera ticket in New Orleans, one option is to send a dispute letter. This can be an effective way to challenge the ticket without having to go to court. Here are some detailed steps and tips to guide you through the process:

Step 1: Understand the process

Before drafting your dispute letter, it's important to understand the process and your options for contesting a camera ticket in New Orleans. Familiarize yourself with the relevant traffic laws and the procedures for disputing a ticket. You can find this information on the city's website or by consulting with a legal professional.

Step 2: Review the ticket

Carefully review the camera ticket you received. Look for any inaccuracies or mistakes, such as incorrect information or misspellings. These errors could potentially be used to invalidate the ticket. Make sure all the details on the ticket, such as the date, time, location, and vehicle information, are accurate.

Step 3: Gather evidence

Start gathering any evidence that can support your case. This could include photographs, videos, or witness statements that contradict the details on the ticket. For example, if you were accused of speeding in a school zone when school was out of session, you can provide evidence that the school was closed.

Step 4: Address your dispute letter correctly

On the back of your ticket, you will find an address where you can mail your dispute letter. This address is specifically for disputes and is different from the address you would use to mail a payment. Make sure to pay attention to the fine print and send your letter to the correct address.

Step 5: Know your rights

In your dispute letter, you can assert your constitutional right to face your accuser. The ticket may not clearly state whether the accusation is coming from the camera itself or the officer reviewing the footage. If the accusation is from the camera, you can argue that this is absurd and unclear. If it's from the officer, you can question the accuracy and reliability of the camera footage they are using to accuse you.

Step 6: Raise reasonable doubt

In your letter, raise as many points of reasonable doubt as possible. For example, you can ask if the software was up to date, if the camera was pointing at the correct lane, or if the date and time stamp are correct. You can also question whether they can prove it was you driving the car, as you are not obligated to incriminate anyone else.

Step 7: Assert your rights

Remind the court of your 5th amendment right not to incriminate yourself. You are not required to provide any further information or evidence beyond what is in your dispute letter.

Step 8: Format and tone

When drafting your dispute letter, use a professional and respectful tone. Organize your evidence and arguments clearly, and practice writing out your case to gain confidence and clarity. Maintain a calm and composed demeanor throughout your letter, just as you would during an in-person hearing.

Step 9: Keep records

Make a copy of your dispute letter and any other relevant documents for your records. Keep track of any correspondence or updates regarding your case. This will help you stay organized and allow you to reference important information if needed.

Remember that contesting a camera ticket can be challenging, but it is possible to achieve a positive outcome. By following these steps and staying informed about your rights and the relevant laws, you can effectively dispute a camera ticket in New Orleans through a well-crafted letter.

Request a court date

Requesting a court date is a crucial step in contesting a camera ticket in New Orleans. Here is a step-by-step guide to help you navigate the process effectively:

Step 1: Understand the Process

Before requesting a court date, it is essential to familiarize yourself with the process of scheduling a hearing. The specific steps may vary, so carefully review the instructions provided on the ticket or contact the relevant authorities for clarification.

Step 2: Prepare Your Case

Before requesting a court date, ensure you have a solid case to present to the judge. Gather any evidence that can support your claim, such as photographs, videos, or witness statements. Review the details of your ticket to identify any inaccuracies or errors that could work in your favour. Additionally, research the radar device used by the police to determine if it was properly calibrated and maintained.

Step 3: Dress Appropriately

When appearing in court, it is important to dress professionally and respectfully. This helps to make a good impression on the judge and court personnel. Avoid wearing casual or revealing clothing, and opt for a more conservative and formal attire.

Step 4: Arrive Early

Plan to arrive at the courthouse early on the day of your hearing. This will help you avoid any potential delays or confusion and allow you to familiarise yourself with the courtroom layout. Being early also demonstrates punctuality and respect for the court's time.

Step 5: Organise Your Documents

Ensure you have all the necessary documents organised and readily available. This includes your evidence, ticket, and any other relevant paperwork. Having a well-organised portfolio will make it easier to present your case and navigate through your documents during the hearing.

Step 6: Practice Your Presentation

Before your court date, take time to practice presenting your case. Rehearse what you plan to say, and consider potential questions that may be asked. Practising helps to build confidence and ensures that your presentation is clear and concise. It also allows you to identify any areas of your argument that may need strengthening.

Step 7: Remain Respectful

Throughout the entire process, maintain a respectful attitude towards court personnel, police officers, and the judge. Being respectful and polite improves your chances of a sympathetic and fair hearing. Avoid displaying any signs of anger or frustration, even if you disagree with something that is said or presented during the hearing.

Step 8: Understand the Burden of Proof

In New Orleans, the burden of proof typically lies with the prosecution. This means they must prove your guilt beyond a reasonable doubt. Understanding this principle will help you effectively question the evidence and officer's testimony during the hearing.

Step 9: Be Prepared for Negotiations

If you are unable to get your ticket dismissed entirely, be open to negotiating a reduced charge or penalty. This could include alternatives such as attending traffic school or completing community service instead of paying a fine. Having a willingness to negotiate demonstrates your good faith and may result in a more favourable outcome.

Step 10: Stay Calm and Composed

Maintaining a calm and composed demeanour is crucial throughout the entire proceeding. Avoid displaying any signs of anxiety or agitation, as it may negatively impact your presentation and the judge's perception of your case. Take deep breaths, speak clearly, and focus on presenting your case in a confident and assured manner.

Frequently asked questions