Monitor Your Camera Violation: A Step-By-Step Guide

If you've received a camera violation, you can check the footage online by entering the violation number and PIN code from the notice. You can then decide to pay the fine or request a hearing if you believe the violation notice was issued incorrectly.

Check the date, time, and location of the ticket

Checking the date, time, and location of your camera ticket is an important first step in examining your ticket. This is because camera tickets are sent to the owner of the car, not the driver. Therefore, you need to be sure that you were the person driving the car when the ticket was issued.

Proving that you were driving in that location at that date and time is the responsibility of the prosecutor. If someone else borrowed your car, you cannot be prosecuted. However, some states, like New York, treat red-light camera tickets as parking violations, holding the registered owner liable rather than the driver. So, it is important to check the red-light law in the jurisdiction where you received the ticket.

If you were driving, try to remember what you were doing and what was happening at the time. Write down any details you remember. For example, you may have been making a legal right turn on red when the camera took the photo. If you were making a legal manoeuvre, you should be able to get the ticket dismissed.

Research the applicable law

Researching the applicable law is a crucial step in building your defence against a camera violation ticket. Here are some detailed instructions and considerations to guide you through this process:

Firstly, it is important to understand the specific type of camera violation you are dealing with. Common types include red-light camera violations, bus lane camera violations, and school zone speed camera violations. Each type of violation may have unique legal considerations and defences available to you. For example, in some jurisdictions, red-light camera violations are treated like parking violations, holding registered owners liable rather than the driver.

Next, familiarise yourself with the specific laws and regulations pertaining to your violation. This includes understanding the elements of the violation and the associated penalties. For instance, in Chicago, running a red light carries a fine of $100, while exceeding the speed limit by 11 mph or more results in the same fine. Knowing the exact code section and penalties can help you assess the validity of the ticket and identify potential discrepancies.

Additionally, research any legal precedents or appellate court decisions related to traffic camera tickets in your city or county. These cases can provide valuable insights into the legality of these tickets and offer guidance on successful defence strategies. For example, in Broward County, Florida, a red-light camera photo may be considered hearsay and could face admissibility challenges in court.

Furthermore, investigate any specific rules or requirements related to traffic cameras and signage. Some states have particular regulations about the placement and visibility of warning signs for traffic cameras. If the warning signs were obstructed or absent, this could serve as a valid defence.

Also, consider whether there are any recognised defences for the type of violation you are facing. For instance, some states acknowledge a necessity defence for speeding, where you can argue that you were speeding to avoid potential harm or danger. Alternatively, you may have been making a legal manoeuvre, such as a right turn on a red light, which could be grounds for dismissal.

Lastly, be mindful of any time constraints or deadlines associated with your violation. For example, in Chicago, you typically have 21 days to pay or contest a ticket before facing increased penalties. Staying organised and responsive can help prevent unnecessary complications.

Plead not guilty

If you want to dispute a traffic camera ticket, you must plead not guilty. This is a crucial step, as paying the fine is often considered an admission of guilt. You usually have 30 days to dispute the ticket, but check your citation for the deadline. You can often plead by mail, online, or via an app—but in some cases, you may have to appear in traffic court for an arraignment, first appearance, or notice hearing.

When you plead not guilty, demand a full formal hearing or trial. This may require you to attend other hearings, such as a pre-trial hearing or mediation, but don't accept anything less than a full dismissal of your ticket. Before your hearing, 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 the warning signs were obscured or not present, you might not have to pay the fine. Some states also recognize a necessity defence for speeding, so if you were driving to the hospital in a rush, you might also have a defence.

On the day of your hearing, arrive at the courthouse with copies of any documents you intend to use as evidence in your defence. Treat the judge and all courthouse staff with respect, and make notes when the prosecutor presents their case against you. You can then present your defence, using any evidence to support your claim.

Request a formal hearing

If you've received a camera violation ticket, you can request a formal hearing to dispute it. Here's a step-by-step guide on how to go about it:

Step 1: Review the Notice of Liability (NOL)

When you receive an NOL in the mail, it will include details of the violation, such as the date, time, and location, as well as a violation number and PIN code. Review this information carefully and cross-reference it with your own records to verify if you were indeed driving the vehicle at the time of the violation.

Step 2: Examine the Evidence

Utilize the violation number and PIN code provided in the NOL to review the video or photo evidence of the violation online. This will allow you to assess the clarity of the footage and confirm if your vehicle is identifiable. Note that in some jurisdictions, you may need to wait until after your trial is scheduled to request this evidence from law enforcement.

Step 3: Understand the Applicable Laws

Research the specific laws and codes related to the violation you've been cited for. Understand the elements of the violation and the associated penalties. Additionally, look for case law and appellate court decisions related to traffic camera violations in your city or county. This research will help you identify potential defenses or arguments you can use during the hearing.

Step 4: Plead Not Guilty

To initiate the dispute process, you must plead not guilty. Check your citation for instructions on how to submit your plea, which may be done online, by mail, or in person at a live arraignment or notice hearing. Be mindful of the deadline to plead not guilty, as you typically have a limited time frame, often around 30 days, to dispute the ticket.

Step 5: Request a Formal Hearing

When you plead not guilty, demand a full formal hearing or trial. This is your opportunity to present your case and any defenses you have identified. In some cases, you may also be required to attend pre-trial hearings or mediation sessions. It's important to attend all mandatory proceedings leading up to the formal hearing.

Step 6: Gather Supporting Documentation

Contact the local police department or law enforcement agency responsible for the camera that issued your citation to request additional documentation. This may include maintenance records for the camera, traffic light, or speed monitoring system. These records can help establish if the equipment was properly maintained and calibrated, which is essential for the prosecution to prove the reliability of the evidence.

Step 7: Prepare Your Defense

Based on your research and the evidence gathered, develop a strategy for your defense. Some potential defenses to consider include:

• Challenging the admissibility of the photograph as hearsay
• Asserting your right to confront witnesses
• Disputing the authenticity of the photograph
• Arguing that the prosecution cannot prove you were driving the vehicle
• Raising other applicable defenses, such as the lack of proper warning signs or a necessity defense for speeding

Step 8: Attend the Hearing

On the day of your hearing, arrive at the courthouse with copies of all relevant documents and evidence. Present yourself professionally and respectfully toward the judge and courthouse staff. During the hearing, listen carefully to the prosecutor's arguments and make notes for your rebuttal. Present your defense, highlighting any weaknesses in the prosecution's case and providing supporting evidence for your arguments.

Remember, it is the prosecution's burden to prove each element of the violation. By following these steps and actively disputing the camera violation, you increase your chances of a favorable outcome during the formal hearing.

Raise any other possible defences

If you've received a camera violation, there are several defences you can raise to dispute the ticket. Here are some additional defences you can use:

• Affirmative Defences: Affirmative defences are facts unrelated to the violation that can help you get the charges dropped. For example, in some jurisdictions, you may be able to argue that you were speeding out of necessity to avoid harm to yourself or others. This defence does not deny that you committed the violation but rather provides a valid reason for your actions.
• Challenge the Officer's Testimony: If the officer who issued the citation testifies in court, you have the right to cross-examine them. You can challenge their testimony by pointing out inconsistencies or raising doubts about their observations.
• Assert Your Rights: You have certain rights during the legal process that, if violated, can help your case. For instance, if the officer failed to read your Miranda rights or violated your right to remain silent, you can use this as a defence.
• Procedural Issues: If there were any procedural errors made during the issuance or processing of the citation, you may be able to get the ticket dismissed. This could include issues such as incorrect information on the ticket, failure to follow proper procedures, or violations of your due process rights.
• Inaccurate Equipment: If you have reason to believe that the camera or speed detection equipment was not functioning properly or was not calibrated correctly, you can challenge the accuracy of the evidence. You may need to obtain maintenance records or expert testimony to support this defence.
• Selective Enforcement: If you believe you were unfairly targeted or that the camera enforcement is being used selectively against certain groups, you can raise this as a defence. However, this defence can be challenging to prove, and you may need evidence to support your claim.

Frequently asked questions