Fight Back: Beating Speeding Ticket Cameras

If you've been caught speeding by a camera, you may want to dispute the ticket. To do this successfully, you'll need to act quickly, as you usually only have around 30 days to dispute a ticket before late penalties are applied. You can dispute a ticket online, by mail, via a mobile app, or in person. Before you begin the process, it's important to research common defences and gather any evidence that will support your dispute. For example, you may be able to prove that you didn't own the vehicle, that the camera malfunctioned, or that your car was stolen at the time of the offence.

Plead not guilty and request a hearing

If you receive a speeding ticket, you have the option to plead not guilty and request a hearing. This is often preferable to simply paying the ticket, as paying a speeding ticket can result in points being added to your license, which can lead to increased insurance rates.

• Review your ticket: Check if you have been issued a ticket for a "misdemeanor" or "traffic infraction". This information should be located on the left side of the ticket, approximately one-third of the way down. If the "traffic infraction" box is checked, you have the option to plead not guilty.
• Plead not guilty: Follow the instructions on the ticket to plead not guilty. Fill out the right side of the ticket completely, including your current mailing address, and sign it. You can return your plea by mail or in person at the City Court Clerk's Office or Traffic Court according to their schedule. If you are unable to locate your ticket, contact the City Court Clerk's office.
• Meet the deadline: In New York, you must plead not guilty within 48 hours of receiving the ticket to avoid suspension of your driver's license and additional fees.
• Request a Supporting Deposition (optional): If you wish to obtain additional information about the basis for the ticket, you can request a Supporting Deposition by checking the appropriate box on the ticket. The police officer who issued the ticket will have 30 days to provide the Supporting Deposition.
• Prepare for your hearing: If you plead not guilty, a non-jury trial will be scheduled. At the trial, you have the right to cross-examine the prosecutor's witnesses and present your own evidence, including testimony from yourself or other individuals. If you require a subpoena for witnesses, you can apply for it when you receive the trial date notification.
• Attend the hearing: During the hearing, the prosecutor must present evidence to the court. After considering the evidence, the judge will render a verdict (guilty or not guilty) or reserve the decision. If the judge reserves the decision, a written decision will be sent to you later.
• Understand the possible outcomes: If the court finds you not guilty, the case will be dismissed. If the court finds you guilty, a fine and mandatory surcharge, if applicable, will be assessed. You have the right to appeal a traffic infraction conviction.

It is important to note that pleading not guilty and requesting a hearing does not guarantee that your speeding ticket will be dismissed. Each case is unique, and the outcome will depend on the specific circumstances and evidence presented. However, by following the above steps, you can exercise your right to dispute the ticket and present your case.

Research common defences and gather evidence

Before disputing a speeding ticket, it is important to research common defences and gather evidence to support your dispute. Here are some common defences that you can use to fight a speeding ticket:

• Necessity: If you had to speed to avoid a serious accident, you can argue that you had no choice but to speed. Other situations where the necessity defence can be used include speeding to avoid an obstacle in the road, speeding due to a mechanical problem with your vehicle, or speeding because of a sudden illness that required you to get to a hospital.
• No posted speed limit: If there was no posted speed limit or the sign was obstructed, you can argue that you were unaware of the speed limit. However, be aware that there are default speed limits for unmarked roads, so ensure that you were not exceeding this speed limit.
• Not speeding: If you were not speeding, you can challenge the accuracy of the radar gun or speed camera that recorded your speed.
• Radar gun or speed camera inaccuracy: You can argue that the radar gun or speed camera picked up the speed of another vehicle, or that it was not properly maintained or calibrated. Reflective surfaces can also interfere with the accuracy of radar guns.
• Speedometer calibration: If you believe your speedometer was not working properly, you may need to obtain a speedometer calibration to prove this. However, this can be expensive, so discuss the feasibility of this defence with an experienced attorney first.
• GPS evidence: If you have a GPS device that shows you were travelling at a slower speed than the officer claims, this can be used as evidence. Ensure that you have a GPS report showing your vehicle's speed at the time of the alleged offence, and proof that your GPS device is accurate.
• Not the person driving: In some cases, the officer may incorrectly identify you as the driver, especially in situations where the driver's identity is unclear, such as in a serious accident.
• Camera malfunction: You can argue that the camera malfunctioned and provide evidence that it was not properly calibrated or maintained.
• No speed limit signs: If there were no speed limit signs or the signs were obscured, you can argue that you were unaware of the speed limit and could not reasonably be expected to know it.

When gathering evidence, be sure to review any photos or videos provided as part of the citation. Blurry or unclear photos where the license plate is not visible can be used as evidence that the car cannot be identified as 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.

You can also request additional evidence from the relevant law enforcement agency, such as maintenance records for the camera, speed monitoring system, or traffic light. If the accuracy of these devices was not recently tested, it can be argued that the photo or speed reading is unreliable.

Dispute the ticket online, by mail, via an app or in-person

How to Dispute a Speeding Ticket Camera Online, by Mail, Via an App or In-Person

Online or Via an App

To dispute a speeding ticket online or via an app, you must plead not guilty within 30 days of receiving the ticket. You can do this by mail, online, or via the Pay or Dispute mobile app. You must not pay the fine listed, as this is considered an admission of guilt in some jurisdictions. You should also request a formal hearing or trial.

By Mail

You can also plead not guilty by mail within 30 days of receiving the ticket. As with online and app submissions, you must not pay the fine. You should also request a formal hearing or trial.

In-Person

If you cannot conduct your hearing online, by mail, or via the app, you can schedule an in-person hearing or visit a Department of Finance business center. However, the Department of Finance encourages the use of online, mobile app, or mail hearings to save time.

Challenge the authenticity of the photo

If you are issued a speeding ticket, you have the right to see the evidence against you. This evidence will usually be in the form of a photograph, which can be crucial in determining whether you were responsible for the offence.

If the photograph is blurry, or your license plate is not clearly visible, it may be difficult for the prosecution to prove that the car is yours. If there is no clearly identifiable photo of you in the driver's seat, the prosecution may not be able to prove that you were driving.

You can also dispute the authenticity of the photograph by challenging its admissibility as hearsay. In some jurisdictions, a red light camera photo is considered hearsay, defined as an out-of-court statement presented in court to prove the truth of the matter asserted. Hearsay evidence is generally inadmissible unless it fits into one of the exceptions. However, there are over two dozen hearsay exceptions, and it is worth researching whether this objection applies in your jurisdiction.

You also have the right to confront witnesses. Unless a witness appears who maintains the record and system associated with the camera, you do not have this opportunity. If no one from the company that maintains the camera shows up to testify, you can object to the use of the photographs for lack of foundation.

The prosecution 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, the photo may not be reliable and cannot be admitted into evidence.

Argue that the camera malfunctioned

If you want to dispute a speeding ticket from a camera, one strategy is to argue that the camera malfunctioned. Here are some steps and considerations to help you build this argument:

Research and Evidence Gathering:

• First, carefully examine your ticket, taking note of the date, time, and location of the alleged speeding incident. If you were not driving your car at that time, this can be a strong point in your defence.
• Review any photographs or video evidence provided with the ticket. The clarity of the images is important—if your license plate isn't clearly visible, for instance, it may be challenging to prove that the vehicle is yours.
• Request full maintenance records for the camera, as well as the traffic light or speed monitoring system in question. If these devices were not properly calibrated or maintained, it could impact the reliability of the evidence against you.
• Research relevant case law and legal requirements in your area. For example, some states have specific rules about where warning signs must be posted for traffic cameras. If these requirements were not met, it could strengthen your case.

Pleading Not Guilty and Requesting a Hearing:

• To dispute the ticket, you must plead not guilty by the deadline specified on your citation (typically within 30 days). You can usually do this by mail, online, or in person. Do not pay the fine listed on the ticket, as this may be considered an admission of guilt.
• Request a formal hearing or trial. This may involve attending other hearings, such as pre-trial hearings or mediation, but maintain your stance and do not accept anything less than a full dismissal of the ticket.

Building Your Case:

• Arrive at your hearing prepared and organised, with copies of any evidence or documents that support your defence. Treat the judge and courthouse staff with respect and professionalism.
• During the hearing, challenge the admissibility of the photograph as hearsay. In some jurisdictions, a red light camera photo is considered hearsay evidence, which is generally inadmissible unless it fits into specific exceptions.
• Assert your right to confront witnesses. Under the Sixth Amendment of the Constitution, you have the right to cross-examine witnesses. If no one from the company that maintains the camera is present to testify, object to the use of the photographs for lack of foundation.
• Dispute the authenticity of the photograph by arguing that the prosecution has not presented sufficient evidence to prove that the camera, the system connected to the traffic light, and the traffic light itself were functioning properly.
• If the photos are admitted as evidence despite your objections, raise other possible defences. For example, argue that the prosecution cannot prove it was you driving the car, especially if there is no clearly identifiable photo of you in the driver's seat.

Frequently asked questions