Evading Speeding Camera Tickets: Proving Someone Else Was Driving

If you've received a speeding ticket from a speed camera, there are several steps you can take to dispute it, especially if you weren't the one driving. First, examine the ticket details, including the date, time, and location, and confirm if you were driving the car at the time. If someone else was driving, you generally can't be prosecuted. However, some states treat red-light camera tickets as parking violations, holding the registered owner liable. It's important to check the specific laws in your jurisdiction. If you were driving, try to recall the details of the incident and write down anything that could be relevant, such as making a legal turn.

When disputing the ticket, you'll need to plead not guilty and request a formal hearing. Research the applicable laws and look for cases in your area regarding traffic cameras. There may be defences recognised by law, such as the necessity defence for speeding or issues with warning signs. Obtain and review any photos included with the citation, as a blurry photo that doesn't clearly show your license plate or your face may be challenging to prove in court. You can also request maintenance records for the camera and traffic light systems to establish their accuracy and reliability. Remember, it's the prosecution's burden to prove each element of your violation.

Check the ticket details: date, time, location, and code violation

When you receive a speeding ticket, it is important to carefully examine the details of the ticket. This includes the date, time, and location of the alleged offence, as well as the specific code violation. Here are some detailed instructions on how to review these aspects of the ticket:

• Date and Time: Check the date and time listed on the ticket. It is important to verify that you were actually driving the car at the specified date and time. If someone else was borrowing your car, you cannot be prosecuted for the offence. However, in some states, such as New York, the registered owner of the vehicle may be held liable for red-light camera tickets, similar to parking violations. Therefore, it is crucial to understand the specific laws in your jurisdiction.
• Location: Verify the location where the speeding offence allegedly occurred. This information should be listed on the ticket. Ensure that the location matches the place where you were driving at the time of the alleged offence.
• Code Violation: Take note of the exact code section you are cited for violating. Read and understand the law, including the elements of the offence and the associated penalties. Ensure that the penalties listed on your ticket match those specified in the code section. Remember, it is the prosecution's responsibility to prove each element of the violation, and you are not obligated to prove your innocence.

By carefully reviewing these details, you can gain a better understanding of the alleged offence and the associated laws. This will help you determine your next steps and whether you need to take further action, such as disputing the ticket or seeking legal counsel.

Review photos for clarity and identifiable details

When reviewing the photos, pay attention to the details in the image. Check if the photo is clear and if your vehicle is identifiable. Look for any identifiable details such as your license plate, the make and model of your car, or any unique features or modifications. If the photo is blurry or unclear, it may be difficult for the prosecution to confirm that the car is yours.

In some cases, the photo may not show you in the driver's seat. This can be another defence strategy, especially if you live in a jurisdiction that requires tickets to be issued to the driver, not the registered owner of the vehicle. Even if the photo is clear and shows your vehicle, the lack of a clear image of you driving can be an argument in your defence.

Additionally, review the photos to identify any potential issues with the camera's accuracy. For example, if the photo shows another car in the camera's crosshairs, it could indicate an issue with the speed check's accuracy. You may also want to review the calibration certificate, which demonstrates that the camera was operating accurately. If there is no calibration certificate or if it is outdated, it could help your case.

If you are unsure who was driving your vehicle at the time of the alleged offence, reviewing the photos can help identify the driver. However, keep in mind that many photographs may not show the driver, as the primary purpose of these photos is to capture the vehicle, not the person driving it.

If the photos are unclear or lack identifiable details, you may have a stronger case for disputing the ticket. You can request additional evidence, such as maintenance records for the camera, to further build your defence.

Plead not guilty by mail, online, or in court

If you want to dispute a speeding ticket, you must plead not guilty. You can do this by mail, online, or in court. The process for pleading not guilty varies depending on the jurisdiction and the nature of the violation.

Pleading Not Guilty by Mail

If you choose to plead not guilty by mail, you will need to fill out the appropriate section on the ticket, usually Section B, and place an X through the guilty plea section. Be sure to include your current mailing address and sign the ticket before mailing it back to the court within the specified timeframe, which is typically around 30 days but may vary depending on the jurisdiction. Keep in mind that some jurisdictions may require an in-person appearance for more serious violations.

Pleading Not Guilty Online

In some jurisdictions, you may also have the option to plead not guilty online. Check your citation for instructions on how to do this. Make sure to complete this process before the deadline to dispute the ticket, which is usually around 30 days.

Pleading Not Guilty in Court

If you need to appear in court to plead not guilty, the date and time of your arraignment should be listed on your citation. At the arraignment, you will have the opportunity to plead not guilty and request a formal hearing. Remember that pleading not guilty is necessary if you want to dispute the ticket and cannot simply pay the fine.

Request a formal hearing and relevant documents

When you request a full trial, you will likely be required to attend other hearings, such as pre-trial hearings or mediation. You should attend those as required but refuse anything less than a full dismissal of your traffic camera ticket.

Now that you have a court date, call the local police department or other law enforcement agencies in charge of the camera used to issue your citation. Request copies of the photos if they were not included with your citation. You should also request the 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.

You may be required to submit your request for a hearing date change in writing and attach any documents showing why you can't be in court on the scheduled date. If your request is granted, make sure you are available on the new date and make a note of it, as you usually won't receive any additional mailed notice.

Arrive promptly on the date and time scheduled for your hearing. For an in-person hearing at the courthouse, check in at the clerk-magistrate's office unless the hearing notice or signs at the courthouse say otherwise.

You will be allowed to tell the magistrate why you believe you weren't responsible and to give any other evidence to support your position, including pictures, documents, or witnesses. You're allowed to ask questions of police officers or witnesses during the hearing if the magistrate decides it's appropriate.

After all the evidence has been presented, the magistrate will make a decision. If you were ticketed for civil violations, the magistrate will decide whether the police department has proved whether it's more likely than not that you committed each civil violation. If so, the magistrate will find you responsible for the violation, and if not, they will find you not responsible. You don't have a right to a jury trial for civil violations.

If you were ticketed for any criminal violations, the magistrate will decide whether to issue a criminal complaint against you for those violations. If the magistrate issues a criminal complaint, you will eventually be able to have a trial by a judge or jury or plead guilty.

Research the law and raise defences, e.g. warning signs, necessity

If you've received a speeding ticket, it's important to remember that paying the fine is equivalent to pleading guilty. This can have long-term consequences, such as points on your driving record, higher insurance costs, and even a permanent criminal record. Instead, you should research the law and raise any defences that may apply to your case.

Warning Signs

In some states, there are specific rules about where warning signs must be posted for speed cameras. If the warning signs were obscured or not present, you may be able to use this as a defence.

Necessity

Necessity is a common defence used to fight speeding tickets. This is when you argue that you had to speed to avoid a serious accident or another obstacle in the road, or because of a medical emergency. For example, if you were rushing someone to the hospital in a life-threatening situation, this could be a valid defence. However, it's important to note that proving necessity in court can be difficult, as the burden of proof is on you to show that there was "no reasonable legal alternative" to speeding.

Other Defences

Other possible defences include challenging the accuracy of the radar gun or speed camera, arguing that your speedometer was not working properly, or providing GPS evidence that shows you were going slower than the officer claims. You can also argue that you were not the person driving the car, although this is usually difficult to prove.

Frequently asked questions