Challenging Camera-Based Speeding Tickets: Your Legal Options

Getting a speeding ticket in the mail can be frustrating, but understanding your options is essential. Speed camera citations differ from traditional speeding tickets in that they are civil penalties rather than criminal charges, and they are typically heard by hearing officers in administrative hearings. In some states, such as Maryland, these tickets come with a fine and no points on your license, while in others, payment may be optional. It's important to know your rights and the steps you can take to contest the ticket, such as challenging the accuracy of the camera or arguing against improper signage. Ignoring a ticket can lead to additional penalties, legal action, and negative impacts on your driving privileges and financial health, so be sure to take prompt action.

Contesting a camera speeding ticket

Camera speeding tickets are typically issued when a camera records a vehicle exceeding the speed limit. The ticket is then sent to the registered owner of the vehicle. While the specifics may vary depending on your location, here are some general guidelines on contesting a camera speeding ticket:

Reasons to Contest

• Inaccurate Speed Measurement: The accuracy of camera speed measurements can be questionable due to potential factors affecting the readings.
• Equipment Malfunctions: Technical issues with the camera may result in inaccurate readings or false positives.
• Lack of Proper Signage: If there is no clear signage indicating the presence of a speed camera, the ticket's validity can be challenged.

Steps to Contest

• Review the Ticket: Understand the specific details of the alleged violation, including date, time, location, and speed. Look for any discrepancies or errors.
• Gather Evidence: Collect evidence such as witness statements, photographs, or documentation of equipment malfunctions to support your case.
• Consult an Attorney: Seek legal advice from a traffic law specialist to understand your options and build a defence strategy.
• Prepare Your Defence: Work with your attorney to develop a strong defence, challenging the accuracy and reliability of the camera system.
• Attend the Hearing: Present your defence at the hearing, arguing your case before a judge.

Additional Considerations

• Burden of Proof: In camera speeding ticket cases, the burden of proof lies with the authorities, who must prove that you were the driver.
• Calibration Records: Request calibration records for the camera to ensure it was properly calibrated and maintained.
• Chain of Custody: The prosecution must establish a proper chain of custody for the camera footage, proving it hasn't been tampered with.
• Lack of Notice: In some jurisdictions, drivers must be notified of the use of traffic cameras. If notification was unclear or inadequate, you may challenge the ticket.
• Mistaken Identity: If you were not the driver at the time of the violation, gather evidence to prove your innocence.

Remember, the laws and procedures for contesting a camera speeding ticket may vary by location, so be sure to research the specific rules for your area.

Payment methods

If you've received a speed camera ticket, the citation will provide you with information on how to pay the fine. Typically, you'll have several options for payment methods, including online, by mail, or in person. In some cases, you may also be able to pay by phone. Here are the detailed instructions for each payment method:

• Online Payment: Visit the website listed on your ticket to process your payment. You will likely need to enter information such as the citation number, your vehicle's license plate number, and the date and location of the violation. You may also be required to create an account or log in as a guest to complete the payment process.
• Payment by Mail: If you prefer to pay by mail, send a check or money order to the address provided on the citation. Ensure that you include the citation number or a copy of the ticket with your payment to ensure it is properly credited to your account. Additionally, consider using certified mail or requesting a return receipt to confirm that your payment has been received.
• In-Person Payment: You may also have the option to pay your ticket in person. The citation should list designated locations, such as a local courthouse or administrative office, where you can make the payment. Be sure to bring the citation with you and any accepted forms of payment, such as cash, a money order, or a credit/debit card.
• Payment by Phone: In some cases, you may be able to pay your ticket over the phone using a credit or debit card. Call the number provided on the citation to inquire about this payment method. Have your citation number and card details ready when making the call.

It's important to note that each jurisdiction may have slightly different procedures for paying a speed camera ticket. Always refer to the information provided on your citation or contact the relevant authority for specific instructions. Additionally, be mindful of any deadlines for payment to avoid incurring late fees or other penalties.

Camera calibration issues

If you are issued a speeding ticket, you may want to see the evidence. This can be crucial in determining whether you were responsible for the offence. The police will need evidence to prove that you were speeding. This can include the use of a handheld or fixed speed camera.

When a driver is caught on camera, a calibration certificate is often provided. This certificate shows that the camera was operating accurately and will help the court prosecute the case. If a police officer used a handheld device, they will need to show that they have a certificate of training, demonstrating that they are qualified to operate the device.

You can request to view the speeding ticket photo evidence by contacting the police in writing. If there is evidence of speeding, it will be included in your court hearing. You may also be able to access the calibration certificate on the police's website.

It is important to note that the police are not obligated to provide you with the evidence before the hearing. If they refuse to provide the evidence beforehand, you can ask the court not to increase your penalty. This is because you can demonstrate that you have not tried to delay the hearing or made unreasonable requests.

If the calibration certificate is out of date or missing, requesting the evidence may be useful. However, if you have been offered a fixed penalty notice, it is generally advisable to accept it, as the evidence could result in a higher penalty.

In some cases, such as with red-light camera tickets in Tennessee, you may not be required to pay the fine. These tickets are considered civil citations, not criminal ones, and do not carry the same consequences as criminal citations. However, this is a unique situation and is not applicable in all locations or cases.

Signage issues

Presence of Appropriate Signage

The presence of proper signage is crucial. The absence of appropriate signage indicates negligence on the part of the authorities. Any signage in a particular region must comply with the safety standards issued by the federal government. If the signage was missing, obscured, or placed incorrectly, you may have grounds to contest the ticket. You can argue that you were not properly notified of the speed limit or the presence of a speed camera.

Compliance with Legal Standards

Ensure that the signage complies with the prescribed laws of the state or region. Many drivers claim that roadside boards indicating speed limits are missing or unclear, resulting in a lack of awareness about the maximum speed limit. In such cases, a default speed limit is usually understood by all license holders.

Environmental Factors

Consider any environmental factors that may have impacted your ability to notice the signage or comply with the speed limit. For example, if the camera is positioned near a construction zone or a busy intersection, it might have captured the speeds of other vehicles instead of yours.

Witness Statements

Gather statements from witnesses who can support your claim regarding signage issues. Their testimony can provide valuable evidence regarding the accuracy of the camera system and any factors that could have affected your ability to comply with the speed limit.

Expert Opinion

Consult an experienced traffic attorney or an expert in camera technology. They can assess the accuracy of the camera system and help identify any potential weaknesses in the prosecution's case related to signage issues.

Consequences of ignoring a ticket

Ignoring a speeding ticket can have several negative consequences, and the best course of action will depend on the specific circumstances and location of the offence. In some states, ignoring a ticket may not have any serious repercussions, while in others, it can result in fines, a suspended license, or even jail time. Here are some potential consequences of ignoring a speeding ticket:

• Fines and Penalties: If you ignore a speeding ticket, you may be subject to additional fines and penalties. These fines can increase over time, and if you have multiple unpaid tickets, the total amount can become significant. In some cases, you may also be charged with obstruction of justice if you repeatedly ignore tickets.
• License Suspension: In some states, failing to pay a speeding ticket within the specified deadline can result in your driver's license being suspended. Driving with a suspended license is a serious offence and can lead to further penalties, including hefty fines and even jail time.
• Credit Score Impact: Unpaid speeding tickets can be sent to collections, which can negatively affect your credit score. This can make it more difficult to obtain loans, rent an apartment, or secure a mortgage in the future.
• Increased Insurance Rates: While a single speeding ticket may not affect your insurance rates, multiple unpaid tickets or repeated offences can result in increased insurance premiums.
• Difficulty in Disputing Future Tickets: Ignoring a speeding ticket can make it more challenging to dispute future tickets. A history of unpaid tickets may work against you if you decide to fight a ticket in court.
• Warrants and Legal Consequences: In some jurisdictions, ignoring a speeding ticket can result in a warrant being issued for your arrest. This means that if you are pulled over for another traffic violation or are involved in an accident, you could be arrested and face additional legal consequences.

It's important to note that the consequences of ignoring a speeding ticket can vary depending on the state and local laws. In some states, like Arizona, there is a time limit for serving a citation, and if the deadline is not met, you may not be required to pay the fine. Additionally, in certain states, red-light camera tickets can be routinely ignored without any legal repercussions.

Before making a decision, it is always advisable to seek legal advice or consult with a traffic lawyer to understand the specific laws and potential consequences in your area.

Frequently asked questions