Fighting Camera Tickets: A Guide For New Yorkers

If you've received a camera ticket in NYC, don't panic. You have the right to contest the citation if you believe it was issued unfairly. While challenging a ticket may seem intimidating, understanding the process can improve your chances of success. Firstly, carefully review the ticket for accuracy, including the date, time, location, and alleged violation. Check that any images or videos clearly show your vehicle and the violation. If you believe the ticket was unjust, you can dispute it online, by mobile app, by mail, or in person within 30 days of its issue date. Before submitting a dispute, research common defences and gather any supporting evidence. An online hearing will typically be held within 45 days, and you will receive the decision via email. Alternatively, you can download the NYC Parking Ticket Pay or Dispute mobile app and submit your dispute through the app. If you choose to dispute the ticket by mail, send the ticket, your defence explanation, and any supporting evidence to the NYC Department of Finance. Written defences can be submitted in any language. Finally, you can dispute a ticket in person at a DOF Business Center. Bring your driver's license, vehicle registration, and any relevant evidence to support your dispute.

Research common defences and gather evidence

When disputing a ticket issued by a speed camera, it is important to research common defences and gather evidence to support your dispute. New Yorkers can dispute a speed camera violation online, by mobile app, by mail, or in person.

• Health or Emergency Situation: Provide evidence that you exceeded the speed limit due to a medical emergency or unexpected situation.
• Law Enforcement Instructions: Show that you were following the directions of a police officer or another authorized individual.
• Funeral Procession: Prove that you were part of a funeral procession and had permission to speed.
• Misidentification: Collect evidence indicating that your vehicle or license plate was not accurately identified in the photos. This could include documentation showing that your vehicle or license plate was stolen or transferred before the violation occurred.
• Camera Malfunction: If you have grounds to believe the camera malfunctioned, you can request technician certificates to verify its proper operation during the incident.

Remember, it is crucial to gather and present compelling evidence to support your chosen defence. This may include documents, photos, videos, or any other relevant information.

Check camera maintenance and calibration records

When fighting a camera ticket in NYC, it is important to check the camera's maintenance and calibration records. Here are some detailed steps and information to help you with this process:

• Obtain Maintenance and Calibration Records: Contact the local police department or the law enforcement agency responsible for the camera that issued your citation. Request full maintenance and calibration records for the camera, as well as any associated equipment such as traffic lights or speed monitoring systems. These records should include information on regular monitoring, maintenance, and calibration certifications.
• Review the Records: Carefully review the maintenance and calibration records to identify any issues or discrepancies. Look for signs of improper maintenance, calibration errors, or a lack of regular checks. Any problems with the camera's maintenance or accuracy can be used as evidence to dispute the ticket.
• Verify Camera Standards: In NYC, particularly for red-light cameras, there are specific standards that the cameras must meet. These standards ensure the accuracy and reliability of the camera equipment. Compare the maintenance and calibration records against these standards to identify any deviations or non-compliance.
• Analyze Timing of Maintenance: Pay close attention to the timing of maintenance and calibration checks. If the camera's accuracy was not tested or calibrated within a reasonable period before your ticket was issued, it could indicate potential unreliability. A camera that has not been properly maintained or calibrated recently may not provide accurate evidence of your alleged violation.
• Use Records as Evidence: If you discover any issues, discrepancies, or non-compliance with camera standards in the maintenance and calibration records, document them thoroughly. These records can be crucial evidence to support your case when disputing the ticket. Present this evidence during your hearing or include it in your formal appeal letter.
• Question Camera Accuracy: By checking the maintenance and calibration records, you can raise doubts about the accuracy and reliability of the camera equipment. This strategy can be an effective way to challenge the validity of the ticket. It shifts the focus to the proper functioning of the camera rather than solely on your alleged violation.
• Combine with Other Defenses: Checking the camera's maintenance and calibration records is just one aspect of your defense strategy. Combine it with other applicable defenses, such as disputing the authenticity of photographs, challenging the admissibility of evidence, or asserting your right to confront witnesses. A comprehensive approach that addresses multiple aspects of the case will strengthen your overall position.

Remember, when fighting a camera ticket in NYC, it is your right to request and review maintenance and calibration records. This process can help you identify potential issues with the camera's accuracy and reliability, which can then be used as evidence to support your case. Always be thorough in your research and documentation, and consider seeking legal advice if needed to protect your rights and ensure a fair outcome.

Submit a formal appeal

To formally appeal a camera ticket in NYC, you must submit a written appeal letter or submit your appeal through an online portal. Your appeal should be concise, factual, and respectful, clearly explaining why you believe the ticket is unjust and presenting any relevant evidence to support your case. This may include photographs, video footage, eyewitness statements, or technical issues with the camera. Be sure to include any relevant documentation and a copy of the ticket, if necessary. Keep a copy of everything you submit for your records.

Before submitting your appeal, it is important to carefully review the ticket and research the specific laws and regulations related to your violation. This will help you understand the legal requirements and potential penalties, empowering you with the knowledge to build a solid defence. You should also verify the camera's maintenance records and calibration certifications, as any issues with these can be used as evidence to support your appeal.

In NYC, you have the option to dispute a speed camera violation online, through a mobile app, by mail, or in person. If you choose to dispute the ticket online, visit the Department of Finance's (DOF) parking or camera violation dispute website and enter your email address to receive a link to the Dispute a Ticket website. Here, you will need to enter the 10-digit number on your camera violation Notice of Liability, fill out the online hearing request form, and upload any additional evidence. An online hearing will typically be held within 45 days, and the decision will be sent to you via email.

Alternatively, you can download the NYC Parking Ticket Pay or Dispute mobile app, available on Android and Apple devices. Open the app, select "Dispute", and enter the 10-digit number on your camera violation Notice of Liability. If you don't have the number, you can enter your license plate information to look up all tickets against your vehicle. Fill out the dispute form, add any additional photo or video evidence, and submit your request.

If you prefer to dispute the ticket by mail, send the ticket, an explanation of your defence, and copies of any supporting evidence to the following address: NYC Department of Finance, Hearing by Mail Unit, P.O. Box 29021, Brooklyn, NY 11202-9021. Written defences may be submitted in any language and will be translated by a certified translator. After the hearing, you will receive the decision via mail within about 10 days.

You also have the option to dispute a speed camera ticket in person at a DOF Business Center. These centres are open Monday through Friday, from 8:30 a.m. to 4:30 p.m. Walk-in hearings are available on a first-come, first-served basis, or you can make an appointment online. Remember to bring your driver's license, vehicle registration, and any evidence supporting your dispute. An administrative law judge will make a decision based on the evidence presented and issue a ruling at the end of the hearing.

Dispute online, by mail, or in-person

Disputing a Camera Ticket in NYC

Online

To dispute a camera ticket online, visit the Department of Finance's (DOF) parking or camera violation dispute website. You will need to enter your email address to receive a link to the Dispute a Ticket website. Once you have the link, enter the 10-digit number on your camera violation Notice of Liability, fill out the online hearing request form, and upload any additional evidence to support your dispute. An online hearing will typically be held within 45 days of submitting your request. After the hearing, the decision will be sent to you via email.

Alternatively, you can download the NYC Parking Ticket Pay or Dispute mobile app, which is available on both Android and Apple devices. Open the app, select "Dispute", and enter the 10-digit number on your Notice of Liability. If you don't have the number, you can enter your license plate information to look up all tickets against your vehicle. Fill out the dispute form, add any additional photo or video evidence, and submit your request.

By Mail

To dispute a camera ticket by mail, send the ticket along with an explanation of your defense and copies of any supporting evidence to the following address:

NYC Department of Finance, Hearing by Mail Unit, P.O. Box 29021, Brooklyn, NY 11202-9021

Written defenses may be submitted in any language and will be translated by a neutral certified translator. After the hearing, the decision will be mailed to you in about 10 days.

In-Person

You can also dispute a camera ticket in person at a DOF Business Center. The centers are open Monday through Friday, from 8:30 a.m. to 4:30 p.m. You can either walk in or make an appointment online.

When disputing in person, bring your driver's license, vehicle registration, and any evidence to support your dispute. An administrative law judge will review the evidence and issue a ruling at the end of the hearing.

Plead not guilty

If you want to dispute a traffic camera ticket in New York City, you must plead not guilty. Here's a step-by-step guide on how to do this effectively:

Step 1: Examine Your Ticket

Firstly, carefully review all the information on your ticket. Check the date, time, and location of the alleged violation. As camera tickets are typically sent to the owner of the car, ensure that you were actually driving the vehicle when the ticket was issued. If someone else borrowed your car, you cannot be prosecuted. However, in some states like New York, red-light camera tickets are treated like parking violations, holding the registered owner liable. Therefore, it is crucial to understand the specific red-light camera laws in your jurisdiction.

Step 2: Plead Not Guilty

To dispute the ticket, you must plead not guilty before the deadline, which is usually within 30 days of receiving the citation. You can plead not guilty by mail, online, or in person at a live arraignment in traffic court, depending on the options provided by your local jurisdiction. Remember that paying the fine listed on the ticket is often considered an admission of guilt, so do not pay it if you intend to dispute the ticket.

Step 3: Request a Formal Hearing

When you plead not guilty, demand a full formal hearing or trial. This may also include attending other hearings, such as pre-trial hearings or mediation sessions. Attend these hearings as required but maintain your stance and do not accept anything less than a full dismissal of your traffic camera ticket.

Step 4: Gather Evidence

While waiting for your hearing, start gathering evidence to support your claim of innocence. This may include photographs, video footage, eyewitness statements, or any technical issues with the camera or traffic light system. You can also request production of documents from the local police department or the agency in charge of the camera. Request maintenance records and calibration certifications to verify the accuracy and reliability of the equipment.

Step 5: Research Applicable Laws

Conduct thorough research on cases in your city or county regarding traffic cameras and red-light camera tickets. Look for appellate court decisions that have ruled on the legality of traffic camera tickets. Additionally, research other recognized defenses, such as specific rules about warning sign postings or necessity defenses for speeding. This knowledge will help you build a solid legal defense.

Step 6: Attend Your Hearing

Arrive at the courthouse on the day of your hearing, well-prepared and professionally dressed. Treat everyone in the courtroom, including the judge and staff, with respect. During the hearing, listen quietly as the prosecutor presents their case, making notes on any points you want to address later. Then, present your defense, challenging the admissibility of the photograph as hearsay and asserting your right to confront witnesses. Dispute the authenticity of the photograph if no one from the camera maintenance company is present to testify. Additionally, attack the lack of evidence if the photos do not clearly show you driving or prove that the traffic light was functioning properly.

Frequently asked questions