Defeating Red-Light Camera Tickets: Strategies For Success

Red light camera tickets are issued when a vehicle passes over a sensor in an intersection during a red light, triggering a camera to take pictures and videos. The ticket is sent to the registered owner of the vehicle, who may or may not have been driving at the time of the violation. While red light cameras are generally accurate, they can be falsely triggered, and an officer or technician typically reviews the footage before issuing a ticket.

To fight a red light camera ticket, it is essential to review the photos and videos and state laws pertaining to red light cameras. If the registered owner was not driving, they may submit an affidavit stating so, which often results in the ticket's dismissal. Additionally, if the photos and videos do not clearly show a violation, such as crossing the limit line after the light turned red, the ticket may be dismissed.

In some jurisdictions, such as Florida, it is necessary to request a local administrative hearing to contest the ticket. Failure to do so by the deadline may result in the ticket being converted into a uniform traffic citation, and further failure to appear in court may lead to a license suspension. During the hearing, individuals can present evidence and witness testimonies to support their defence. It is also possible to consult a traffic citation attorney to increase the chances of getting the ticket dismissed.

Check if you were driving

If you've received a red light camera ticket, the first thing to do is to check the information carefully. The notice will usually include a link to a website where you can watch the video of the violation. Check the date, time, and location of the red-camera recording to make sure that you were driving the car at that time.

Red-light camera violations are assessed to the owner of the car, but in some states, the driver and not the vehicle owner is liable for the violation. That means if someone else was driving your car, that person is responsible for paying the ticket.

If you've loaned your car to someone, verify the location of the camera, the photos and video from the camera, and the date and time of the violation. If you were not the one driving, you can submit an affidavit swearing that you were not the driver when the violation occurred. This will often result in the dismissal of the ticket.

If your car was stolen when the violation occurred, get a copy of the police report and attach that to your affidavit.

If you're unsure whether you've received a red light ticket, there are several ways to check. You can visit your county court's website and search using your driver's license, vehicle plate, or citation number. You can also call the local courthouse to see if you have any violations. Alternatively, many cities use American Traffic Solutions (ATS) to process traffic violations, so you can call them to check for any red light tickets.

Check the photos

If you've received a red-light camera ticket, it's important to review the photos and videos that were taken of your vehicle. These images will be included with the ticket that is mailed to the registered owner of the vehicle. You can also usually find them by visiting a website listed on the ticket.

When reviewing the photos and videos, pay close attention to detail. Check if the photos show your vehicle crossing the limit line or entering the intersection after the light turned red. If they don't, there's no proof that you violated the law. Additionally, check if the photos are blurry, especially if the license plate isn't clearly visible. This could introduce reasonable doubt about whether the car in the photo is actually yours.

In some cases, you may need to request the photos and videos from law enforcement if they are not included with your citation. You have the right to view this evidence before your trial or hearing.

If you find any discrepancies or issues with the photos and videos, you can use them to your advantage when disputing the ticket. Remember that the existence of clear and conclusive photos or videos will make it difficult to dispute the violation. However, if there is any ambiguity or lack of clear evidence, you may have a stronger case for getting the ticket dismissed.

Plead not guilty

If you want to dispute a red light camera ticket, you must plead not guilty. Here is how you can do that:

Some jurisdictions allow you to respond to the citation either by mail or online, instead of going to a live arraignment in traffic court. You must plead not guilty if you want to dispute the ticket, and you cannot pay the fine. Paying the fine is considered an admission of guilt in some jurisdictions. Check your citation and make sure you plead not guilty before the deadline, which is typically 30 days but may be shorter.

If you have no choice but to appear in traffic court, show up at the date and time listed on your citation. This may also be called a first appearance or a notice hearing. When you plead not guilty, demand a full formal hearing or trial. When you request a full trial, you may also 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 ticket.

Request Production of Documents

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. If photos were not included with your citation, you'll need to request copies of them. You should also 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 before your ticket was issued, the photo is potentially unreliable as evidence.

Challenge the admissibility of the photo

Challenging the admissibility of the photo is a common strategy for fighting a red-light camera ticket. Here are some steps you can take to build a case:

Review the Photographic Evidence

Firstly, carefully review the photos or videos captured by the red-light camera system. These images serve as evidence of the violation, including the vehicle's license plate. Check if the photos clearly show you or your license plate. If the images are blurry or unclear, you can argue that there is no conclusive proof that it was you driving the vehicle or that it was, in fact, your car. This introduces reasonable doubt about your involvement in the violation.

Raise Technical Defenses

Red-light camera systems rely on proper calibration and operation to capture accurate evidence. Any technical issues, malfunctions, or calibration errors with the camera system can be grounds for dismissal. For example, you can request proof that the camera was recently serviced and in perfect working condition when it captured the violation. You may also argue that the camera manufacturer or a representative must testify in court to confirm the camera's good condition. If they do not appear, you can challenge the accuracy and reliability of the camera.

Assert Your Rights

Understand your rights during the legal proceedings. For instance, the Sixth Amendment of the Constitution guarantees your right to cross-examine witnesses. Unless a witness appears to maintain the record and system associated with the camera, you are denied this opportunity. Additionally, you can challenge the admissibility of the photograph as hearsay, which is an out-of-court statement used to prove the matter asserted. In some jurisdictions, red-light camera photos are considered hearsay and may fall under one of the hearsay exceptions.

Argue the prosecution can't prove you were driving

If you receive a red-light camera ticket, you may be able to argue that the prosecution cannot prove you were driving. This is a common defence strategy and can be successful in getting your ticket dismissed.

Firstly, you should carefully check the photos and videos included with your ticket for clarity and accuracy. If the images are blurred or do not clearly identify the driver or the license plate, this could be strong grounds for dismissal. Even minor discrepancies can make a significant difference.

If someone else was driving your vehicle when the violation occurred, you may be able to challenge the ticket. In some states, you can submit an affidavit swearing that you were not driving, which generally results in the dismissal of the ticket. If you receive a ticket in the mail but were not the driver, you should hire an attorney to help you challenge it.

In some states, signs are required to inform drivers about red-light cameras. If the required signs are missing, improperly placed, or do not comply with the legal standards, you may have a viable defence.

You can also argue that the timing of the yellow-to-red transition was too minimal, and that you did not have enough time to safely bring your vehicle to a stop.

Frequently asked questions