Fight Speeding Tickets: Know Your Rights, Louisiana

If you've received a speeding ticket in Louisiana, you may be wondering if it's worth fighting it. While photo and camera safety speeding tickets do not go on your driving record or raise your auto insurance rates, there are still reasons to contest them. For example, if you believe the ticket was issued in error or if there were extenuating circumstances that led to the violation. In Louisiana, new laws have made it easier for motorists to appeal their tickets, with a range of affirmative defenses that can be used to contest a ticket. However, it's important to note that fighting a ticket can be costly and time-consuming, and the success rate is relatively low.

Check the date, time, and location of the ticket and reconstruct the scene

When you receive a camera ticket, it is important to check the date, time, and location of the ticket and try to reconstruct the scene. This is because camera tickets are sent to the owner of the car, not the driver, so you must first ensure that you were driving the car when the ticket was issued. The prosecution must prove that you were driving in that location at that date and time. If someone else was driving your car, you cannot be prosecuted. However, some states treat red-light camera tickets like parking violations, holding the registered owner liable rather than the driver. Therefore, it is important to check the red-light law in the jurisdiction where you received the ticket.

If you were driving your car, try to reconstruct the scene 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 manoeuvre, you should be able to get the ticket dismissed.

In Louisiana, photo and camera safety speeding or red-light tickets that are received in the mail are not like tickets given during a traffic stop by a law enforcement officer. These tickets do not go on your driving record and will not raise your auto insurance rates. Before going to court to fight your ticket, you will be able to view the video of your vehicle incurring the infraction online. This will give you a more accurate understanding of the incident.

Question whether the camera was working properly

If you've received a speeding ticket in Louisiana, there are several steps you can take to fight it. One strategy is to question whether the camera that issued the ticket was working properly. Here are some things to consider if you choose to challenge the camera's functionality:

• Review the photos or video evidence: If the ticket includes photos or video footage, carefully examine them to confirm that it is indeed your car in the media. Blurry images or unclear license plate captures can be grounds for disputing the ticket.
• Request maintenance records: Contact the local police department or law enforcement agency responsible for the camera and request full maintenance records. If the camera's accuracy wasn't recently tested or properly maintained, you can challenge the reliability of the evidence.
• Challenge the admissibility of the photos: In some jurisdictions, a red light camera photo may be considered hearsay and could be inadmissible as evidence. Consult with a legal professional to understand the specific rules in your area.
• Dispute the authenticity of the photos: 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 prove that the camera, the system connecting it to the traffic light, and the traffic light itself were all functioning properly.
• Attack the lack of evidence: Even if the photos are clear and admitted as evidence, if they don't clearly show you driving the car, you may have a defence. Additionally, the photos don't prove that the traffic light was functioning properly, which is crucial for proving that you ran a red light.
• Understand the specific laws: Some states have specific rules about the placement of warning signs for cameras. If these signs were missing or obscured, you may have a defence. Additionally, some states recognize a necessity defence for speeding, such as driving to the hospital in an emergency.

Remember that fighting a speeding ticket can be a complex process, and it's essential to carefully review the specific laws and regulations in your area. Consulting with a legal professional can help you navigate the process and improve your chances of success.

Argue the ticket is hearsay

In Louisiana, photo and camera safety speeding or red-light tickets received in the mail are treated differently from tickets issued during a traffic stop by a law enforcement officer. Camera safety tickets do not go on your driving record and will not raise your auto insurance rates.

While it may seem like there is a mistake, when you get to court to fight your ticket, you will be shown the video of your vehicle incurring the infraction. Mistakes are screened out before the photo ticket enforcement letters are sent. Before you go to court, you can try viewing the video online for a more accurate understanding of the situation.

However, if you believe that the camera was not working properly, you may be entitled to challenge the ticket. For example, if the photo of you breaking the red light is blurry or doesn’t properly capture your number plate, you may be able to argue that the evidence is not reliable. It is not uncommon for violations to be sent to an innocent party with a similar number plate to the actual offender.

In terms of hearsay, this refers to a statement made outside of court that is being offered to prove the truth of the matter asserted. In the context of a speeding ticket, hearsay could include statements made by the police officer who issued the ticket or statements made by witnesses. If you are challenging a speeding ticket on the basis of hearsay, you may be able to argue that the statements made by the officer or witnesses are not reliable or accurate. You could also argue that your own statements about the incident are more credible or reliable than those of the officer or witnesses.

Additionally, you could argue that the speed measurement was inaccurate. For example, if the officer used a radar gun to determine your speed, you could question the calibration and accuracy of the device. However, keep in mind that challenging a speeding ticket on these grounds may require expert testimony or other evidence to support your claim.

Overall, while fighting a camera speeding ticket on the basis of hearsay or other grounds is possible, it is important to carefully consider the merits of your case and seek legal advice if necessary.

Assert your right to cross-examine witnesses

If you want to fight a camera speeding ticket in Louisiana, you have the right to cross-examine witnesses. This is guaranteed by the Sixth Amendment of the US Constitution.

In the case of a speeding ticket issued by a camera, the witness would be someone who maintains the record and system associated with the camera. If no such witness appears, you can object to the use of the photographs for lack of foundation.

For the prosecution to rely on the photos, they must present evidence that the camera that took the photo, the system that connected it to the traffic light, and the traffic light itself were functioning properly. Without establishing this foundation that all of these machines are reliable, the photo is not reliable and cannot be admitted into evidence.

If the photos are clear and the judge allows them, but none of them clearly show you driving, you have a defence that the prosecution cannot prove it was you driving the car.

Prove the vehicle had been stolen

If you want to fight a speeding ticket in Louisiana, you must be able to prove that your vehicle was stolen at the time of the violation. This is one of the "affirmative defenses" listed in Louisiana's new law, Senate Bill 302, authored by Sen. Stewart Cathey, which makes it easier for motorists to appeal their tickets.

To prove that your vehicle was stolen, you must provide valid evidence to support your claim. Here are some steps you can take to strengthen your case:

• File a Police Report: Ensure that you have filed a police report regarding the theft of your vehicle. This is crucial, as it provides official documentation of the incident. The police report will include details of when and where your vehicle was stolen, which can be crucial in your defense.
• Gather Supporting Documents: Collect any other relevant documents that can support your claim. This could include insurance reports, repair estimates (if your vehicle was recovered and damaged), or even statements from witnesses who may have seen the theft occur.
• Provide Proof of Recovery: If your vehicle has been recovered, provide details of when and where it was found. This can help establish the timeline of the theft and demonstrate that you were not in possession of the vehicle during the violation.
• Offer Evidence of Your Whereabouts: Try to provide evidence of your whereabouts at the time of the speeding violation. This could be in the form of receipts, witness statements, or any other proof that places you elsewhere when the incident occurred.
• Contact the Court: Get in touch with the relevant traffic court and inquire about their specific procedures for appealing a speeding ticket on the grounds of vehicle theft. They may have additional requirements or forms that you need to complete.
• Seek Legal Advice: While it is mentioned that there is no need to hire an attorney for camera safety tickets, consulting a legal professional can still be beneficial. A lawyer skilled in traffic laws and court procedures can guide you through the process and help strengthen your defense.

Remember, the key to a successful defense is providing compelling evidence that your vehicle was stolen at the time of the speeding violation. The more documentation and proof you can provide, the stronger your case will be when fighting the ticket.

Frequently asked questions