Evading Camera-Based Speeding Tickets: Strategies For Drivers

Getting out of a speeding ticket from a speed camera is challenging, but not impossible. While there is no simple appeals process, and you may need to go to court, there are several strategies you can employ to increase your chances of success. These include arguing that there were no road signs indicating the speed limit, the Notice of Impending Prosecution (NIP) contained incorrect details, or that the speed camera calibration was incorrect. However, it is important to note that challenging a fine for speeding is a gamble, and losing your case could result in a higher fine.

Argue that there were no road signs indicating the speed limit

Arguing that there were no road signs indicating the speed limit is a valid defence in some places, such as the UK. However, in Texas, the absence of speed limit signs does not mean that there is no speed limit. There are default speed limits depending on the type of area. For example, in an urban district, the default speed limit is 30 mph. Therefore, it is important to check the local laws to see if this defence will be valid in your area.

If you are in a place where this defence is valid, you can use it to argue that you were not aware of the speed limit and therefore could not have intentionally exceeded it. This argument may be more successful if you are a visitor to the area or if the road in question has recently changed speed limits. You can also support this defence by demonstrating that you were driving at a safe speed, given the road and weather conditions. For example, if you were driving slightly above the posted speed limit, you can argue that it was safe to do so given the specific circumstances, such as light traffic and good visibility.

However, it is important to note that challenging a speeding ticket may be difficult and could result in a higher fine if you lose your case. Therefore, it is essential to carefully consider your defence and gather strong evidence to support your claim.

Plead not guilty and request a formal hearing

If you want to dispute a speeding ticket from a speed camera, you'll need to plead not guilty and request a formal hearing. Here's a step-by-step guide on how to do this:

Step 1: Plead Not Guilty

Check the deadline to dispute the ticket—you'll typically have 30 days, but this may vary depending on your jurisdiction. You can plead not guilty by mail, online, or in person at an arraignment, also known as a first appearance or notice hearing. Responding by mail or online is usually an option for less serious traffic violations, such as speeding or running a red light. If you plead not guilty, do not pay the fine listed on the ticket, as this may be considered an admission of guilt in some jurisdictions.

Step 2: Request a Formal Hearing

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

Step 3: Research Applicable Laws

While you're waiting for your hearing, take time to research the laws in your city or county regarding traffic cameras. Look for any appellate court decisions that have ruled on the legality of traffic camera tickets. There may be specific rules or defences that you can use to your advantage. For example, some states have rules about where warning signs must be posted for traffic cameras, or they may recognise a necessity defence for speeding.

Step 4: Gather Evidence

Call the local police department or law enforcement agency in charge of the camera that issued your citation and request copies of the photos, as well as maintenance records for the camera and the traffic light or speed monitoring system. This will help you establish that the equipment was regularly monitored, maintained, and tested for accuracy. If the accuracy of the camera wasn't tested recently, the photo may be unreliable as evidence.

Step 5: Attend the Hearing

Arrive at the courthouse on the day of your hearing, dressed professionally and with copies of any documents you intend to use as evidence. Treat the judge and courthouse staff with respect, and listen quietly while the prosecutor presents their case, making notes on anything you want to bring up later.

Step 6: Present Your Defence

You can use several strategies to dispute the ticket during the hearing:

• Challenge the admissibility of the photograph as hearsay, arguing that it is an out-of-court statement presented to prove you violated the traffic law.
• Assert your right to confront witnesses, as guaranteed by the Sixth Amendment of the Constitution.
• Dispute the authenticity of the photograph by objecting to its use for lack of foundation if no one from the company that maintains the camera shows up to testify.
• Attack the lack of evidence by arguing that the prosecution cannot prove you were driving the car or that the traffic light or speed detection system was functioning properly.
• Raise any other possible defences based on your research, such as the absence of warning signs or a necessity defence for speeding.

Remember, pleading not guilty and requesting a formal hearing for a speeding ticket from a speed camera requires careful research and preparation. It's essential to understand the laws and defences that apply in your jurisdiction and to gather evidence to support your case.

Argue that the speed camera calibration was wrong

Arguing that the speed camera calibration was wrong is a valid strategy to escape a speeding ticket from a speed camera. However, it is important to note that this strategy may be challenging to prove and may result in a higher fine if unsuccessful. Here are some ways to approach this argument:

• Request the radar calibration records: The reliability of radar devices depends on proper maintenance, and calibration is an essential part of that. Police officers are supposed to calibrate radar units with tuning forks before each shift and before and after detecting each speeding violation. Tuning forks are sensitive and can become inaccurate if not kept in a box that protects them from moisture and jostling. If the officer who issued the ticket did not calibrate their radar unit with tuning forks, this may be grounds for dismissal.
• Review the calibration certificate: If the calibration certificate for the radar gun is old or filled out incorrectly, this may also be grounds for dismissal.
• Challenge the admissibility of the photograph: In some jurisdictions, a speed camera photograph may be considered hearsay, which is an out-of-court statement presented in court to prove the truth of the matter asserted. Hearsay evidence is generally inadmissible unless it falls under specific exceptions. Research your jurisdiction to determine if this objection is available to you.
• Dispute the authenticity of the photograph: If no one from the company that maintains the camera testifies in court, 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 photo's reliability.

Prove that you weren't the driver

If you weren't driving when a speeding ticket was issued, you may be able to get out of paying the fine. Here are some steps you can take to prove that you weren't the driver:

• Check the date, time, and location of the ticket: Camera tickets are typically sent to the owner of the car, so make sure you were actually driving the car when the ticket was issued. If someone else borrowed your car, you generally cannot be prosecuted. However, some states, like New York, treat red-light camera tickets as parking violations, holding the registered owner liable. Therefore, it's important to check the specific laws in the jurisdiction where you received the ticket.
• Review the photos: If you received photos with the notification, examine them carefully. If the license plate isn't clearly visible, it may be challenging to confirm that the car is yours. Additionally, if there is no clearly identifiable photo of you in the driver's seat, this can be used as a defence, especially if you live in a jurisdiction that requires tickets to follow the driver rather than the registered owner of the car.
• Plead not guilty: If you want to dispute the ticket, you must plead not guilty and cannot pay the fine. Some jurisdictions allow you to respond by mail or online, while others require you to appear in traffic court for an arraignment.
• Request a formal hearing: When you plead not guilty, demand a full formal hearing or trial. This may also require you to attend other hearings, such as pre-trial hearings or mediations.
• Research the applicable law: Look for cases in your area regarding traffic cameras and see if there are any appellate court decisions on the legality of traffic camera tickets. There may be specific defences recognised by law, such as the requirement for clearly visible warning signs for cameras before a traffic light.
• Appear at your scheduled hearing: Arrive at the courthouse with any documents you intend to use as evidence. Treat the judge and courthouse staff with respect, and present your case calmly and professionally.
• Challenge the admissibility of the photograph: In some jurisdictions, a red-light camera photo may be considered hearsay and may be inadmissible as evidence. Consult with a legal professional to understand the specific laws in your area.
• Dispute the authenticity of the photograph: If no one from the company that maintains the camera testifies in court, you may be able to object to the use of the photographs due to a lack of foundation.
• Raise other possible defences: If your challenges to the camera or photos are unsuccessful, you may still have other defences available. For example, some states recognise a necessity defence for speeding, where you can argue that you were speeding to avoid harm to yourself or others.

Argue that there was no clear photo evidence

If you've received a speeding ticket from a camera, you might be able to argue that there was no clear photo evidence. Here are some steps you can take to build a defence based on this argument:

• Examine your ticket: Check the date, time, and location of the ticket. Camera tickets are usually sent to the owner of the car, so make sure you were actually driving the car when the ticket was issued.
• Review the photos: If your notification included photos, review them to confirm that it's your car in the photo. If the license plate isn't clearly visible, it may be difficult to confirm that the car is yours. Also, look for a clear photo of you in the driver's seat. If there is none, this may be a point of defence.
• Plead not guilty: You must plead not guilty if you want to dispute the ticket. Check your citation and plead not guilty before the deadline, which is typically around 30 days.
• Request a formal hearing: When you plead not guilty, demand a full formal hearing or trial. You may be required to attend other hearings such as pre-trial hearings or mediations.
• Request production of documents: Call the local police department or law enforcement agency in charge of the camera. Request copies of the photos if they were not included with your citation. Also, ask for full maintenance records for the camera and speed monitoring system to establish that they were regularly monitored and maintained.
• Research the applicable law: Look for cases in your area about traffic cameras and see if any appellate court decisions have ruled on the legality of traffic camera tickets.
• Appear at your hearing: Arrive at the courthouse on the day of your hearing with copies of any documents you intend to use as evidence. Treat the judge and courthouse staff with respect.
• Listen to the prosecutor's case: Listen quietly while the prosecutor presents their case, making notes on any points you want to address later.
• Attack the lack of evidence: If the photos are clear and allowed as evidence, but none of them clearly show you driving, argue that the prosecution cannot prove it was you driving the car.

Remember that disputing a traffic camera ticket can be challenging, and losing your case could result in a higher fine. Carefully consider the evidence and applicable laws before deciding to dispute a speeding ticket based on a lack of clear photo evidence.

Frequently asked questions