Fighting Camera Tickets: Strategies For Success

Getting a ticket is never fun, but sometimes, you can talk your way out of it. While there's no one-size-fits-all solution, there are a few things you can try to increase your chances of getting off with a warning. Firstly, it's important to remain calm and respectful throughout the encounter. When pulled over, quickly roll down your window, place your wallet with your driver's license on the dashboard, and grip the steering wheel at the top—this shows the officer you know their biggest fear is getting shot during a routine stop. Admit your mistake without making any excuses, and then use the magic phrase: Officer, if you could let me off with a warning, I would appreciate it; and if you can't, I certainly understand. This phrase is effective because it doesn't use the word but, which negates what you previously said. It's also important to resist the urge to make excuses when the officer asks follow-up questions. Instead, reiterate your appreciation for a warning and your understanding if they can't give you one. While this method isn't foolproof, it has worked for many people, including the author of this paragraph, who has successfully talked their way out of ten tickets!

Plead not guilty and request a formal hearing

If you want to dispute a traffic camera ticket, you must plead not guilty and request a formal hearing. You can do this by writing to your traffic court, or by appearing in person at the arraignment. If you are the owner of the car but were not driving when the ticket was issued, the prosecutor must prove that you were driving. If you were driving, try to remember as many details as possible about the incident, as you may have been making a legal manoeuvre at the time.

When you request a full trial, you may also have to attend other hearings, such as a pre-trial hearing or mediation. Make sure you attend these, but don't accept anything other than a full dismissal of your ticket.

Now that you have a court date, you should request any photos that were not included with your citation, as well as full maintenance records for the camera and traffic light or speed monitoring system. If the equipment was not tested recently, the photo may be ruled as unreliable evidence.

Research the law in your area to build a legal defence. For example, some states require clearly visible warning signs for cameras to be posted before a traffic light. If these signs were not present, you may not have to pay the fine.

Argue that the photo is unclear

Arguing that a photo is unclear is a valid way to fight a camera ticket. Here are some steps you can take:

Examine the Photo Evidence

Request to see all the evidence against you, including any photographs. If the photo is unclear and the license plate isn't visible, it may be difficult to confirm that the car is yours. If there is no clearly identifiable photo of you in the driver's seat, this can be a strong argument in your defence.

Plead Not Guilty

You must plead not guilty if you want to dispute the ticket. Check your citation and make sure you plead not guilty before the deadline, which is typically around 30 days.

Request a Formal Hearing

When you plead not guilty, demand a full formal hearing or trial. You may also be required to attend other hearings such as pre-trial hearings or mediations. Attend these, but don't accept anything less than a full dismissal of your ticket.

Raise Your Defences

If your attack on the camera-related evidence fails and the photos are admitted, use any other defences you may have. For example, some states have specific rules about where warning signs must be posted for traffic lights. If these signs were obscured or not present, you would have a defence.

Present Your Case

Arrive at your hearing with copies of any documents you intend to use as evidence. Treat the judge and courthouse staff with respect and present your case calmly and professionally.

Listen to the Prosecution

Listen quietly while the prosecutor presents their case, making notes on anything you want to bring up later.

Challenge the Evidence

You can challenge the admissibility of the photograph as hearsay, or dispute the authenticity of the photograph by objecting to its use for lack of foundation. For example, if no one from the company that maintains the camera shows up to testify, the photo may not be admitted as evidence.

Argue that the prosecution can't prove you were driving

If you receive a camera ticket, it's important to first check the date, time, and location of the ticket. Camera tickets are sent to the owner of the car, not the driver, so make sure you were actually driving the car when the ticket was issued.

If you were not driving, then the prosecution must prove beyond a reasonable doubt that you were driving. This is known as the "no-driving defense". This defense can be used when no one, including the police, actually witnessed you driving. In such cases, there may be reasonable doubt about whether you were the one driving the vehicle.

For example, if there was an accident and no one was behind the wheel when the police arrived, or if the parties were taken to the hospital and the police didn't interview the defendant at the scene, then it may be difficult for the prosecution to prove that you were driving.

In some cases, there may be circumstantial evidence that you were driving, such as if you were found unconscious on the pavement on the driver's side of the vehicle, or if you were the only person found near the car. However, if there is evidence that there were multiple people in the car, there could be reasonable doubt about who was driving.

It's important to note that the definition of "driving" can vary by state. In some states, you are considered driving if you are in ""actual physical control" of the vehicle, even if the vehicle is not in motion. This may include being found behind the wheel with the keys in the ignition, even if the engine is not running.

If you plan to argue that the prosecution can't prove you were driving, it's important to review any photos or other evidence they may have. If the photos are blurry or don't clearly show you driving, this could be used as part of your defense. Additionally, you can request maintenance records for the camera to establish that it was functioning properly.

Challenge the admissibility of the photograph as hearsay

Hearsay is defined as an out-of-court statement presented in court to prove the truth of the matter asserted. In this case, the photo is an out-of-court "statement" that the prosecution is attempting to use to prove you violated the traffic law.

Hearsay evidence is inadmissible unless it fits into one of the exceptions. There are more than two dozen hearsay exceptions. Some courts have fit traffic camera photos into these exceptions, but others have not.

Research your jurisdiction to find out if this objection is available to you. For example, in Broward County, Florida, a red light camera photo is considered hearsay.

If the photo is hearsay and does not fit into any of the exceptions, it will not be admissible as evidence.

Assert your right to confront witnesses

The Sixth Amendment of the United States Constitution guarantees the right to confront witnesses. This is a fundamental Constitutional right that protects the citizens of the United States. The Sixth Amendment states that any criminal defendant suspected of committing a crime has the right to confront the witness in a criminal action. This means that the accused has the right to be physically present at the trial and to cross-examine the witnesses presented by the prosecutor.

In the context of a camera ticket, you can assert your right to confront witnesses by requesting that the individuals who maintain the record and system associated with the camera appear in court. Without a witness who can testify about the reliability and accuracy of the camera, you do not have the opportunity to cross-examine witnesses as guaranteed by the Sixth Amendment.

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 be able to establish that the camera, the system connecting it to the traffic light, and the traffic light itself were functioning properly to provide a reliable foundation for the admission of the photographs into evidence.

Additionally, you can argue that the photograph is hearsay and is therefore inadmissible under the Sixth Amendment. Hearsay is defined as an out-of-court statement presented in court to prove the truth of the matter asserted. In the case of a camera ticket, the photograph is an out-of-court "statement" that the prosecution uses to prove that you violated the traffic law. Hearsay evidence is generally inadmissible unless it falls under specific exceptions, and the absence of a witness to testify about the camera system may support your argument that the photograph is hearsay.

Frequently asked questions