Fight Traffic Camera Tickets: Strategies For Success

Getting a traffic ticket is never fun, especially when it's unexpected. However, disputing a traffic camera ticket may be easier than you think. The first step is to examine your ticket and check the date, time, and location. It's important to note that camera tickets are usually sent to the owner of the car, not the driver, so make sure you were actually driving the car when the ticket was issued. You should also review any photos or videos included with the ticket to confirm that it's your car and that the footage is clear. If the license plate isn't clearly visible, it may be difficult to prove that the car is yours. Knowing the specific law you're accused of violating and researching relevant cases in your city or county can also help you build a legal defense. For example, some states have specific rules about warning signs that must be posted near traffic lights, and if these signs were missing or obscured, you may have a valid defense. Additionally, some states recognize a necessity defense for speeding, so if you were speeding to get to the hospital, for example, this could be a valid argument. Finally, remember that it's the prosecution's burden to prove each element of your violation—you're not responsible for proving your innocence.

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. Here's a step-by-step guide on how to do this:

Step 1: Plead Not Guilty by Mail or Online

Some jurisdictions allow you to respond to the citation by mail or online, especially for less serious traffic violations like speeding or running a red light. Check your citation and your local laws to see if this option is available to you. Remember to plead not guilty before the deadline, which is typically within 30 days of receiving the ticket.

Step 2: Appear at Arraignment

If you cannot plead by mail or online, you must appear in traffic court and plead not guilty in person. This initial court appearance is called an arraignment, and it is crucial that you show up on the date and time listed on your citation. At the arraignment, you will have the opportunity to formally plead not guilty and request a full hearing or trial.

Step 3: Request a Formal Hearing or Trial

When you plead not guilty, demand a full formal hearing or trial. This is your right, and it is an important step in disputing your traffic camera ticket. Keep in mind that you may also be required to attend other hearings, such as pre-trial hearings or mediation sessions. Make sure to attend all mandatory hearings and maintain your request for a full dismissal of your traffic camera ticket.

Step 4: Research Applicable Laws

While you are waiting for your hearing, take the time to research the laws and precedents related to traffic cameras in your city, county, and state. Look for cases where traffic camera tickets have been successfully disputed, and check for any appellate court decisions that have ruled on the legality of these tickets. Understanding the relevant laws and precedents will help you build a strong legal defense.

Step 5: Gather Evidence and Prepare Your Defense

In addition to researching the law, you should also gather any evidence that can support your defense. For example, if there are specific requirements for warning signs near traffic cameras, you may want to collect photos or other evidence showing that these signs were obscured or missing. If there are maintenance records for the camera or traffic light system, request those as well, as they can help establish the reliability (or lack thereof) of any photo or video evidence.

By following these steps and staying informed about your rights, you can effectively plead not guilty and request a formal hearing to dispute a traffic camera ticket. Remember to stay organized, respectful, and professional throughout the process, and don't be afraid to assert your legal rights and challenge the evidence presented against you.

Argue that the photo is unclear

Arguing that a photo is unclear is a common defense for fighting a traffic camera ticket. Here are some tips on how to do this effectively:

• Review the photos and videos that were taken by the traffic camera. Look for any signs of blurriness or lack of clarity in the images. If the license plate or the driver is not clearly visible, it may be challenging to confirm that the vehicle in question is yours.
• In some states, you can submit an affidavit swearing that you were not the one driving the vehicle when the violation occurred. This can often result in the dismissal of the ticket.
• Understand the specific laws and regulations regarding traffic camera tickets in your state. For example, some states require clear signage to inform drivers about the presence of red light cameras. If these signs are missing or do not comply with legal standards, it may provide a viable defense.
• Request maintenance and calibration records for the camera. Inconsistencies or malfunctions in these records could challenge the validity of the ticket.
• Consult with a traffic attorney who can guide you through the legal process and help you build a strong defense. They may be able to identify additional technical requirements or potential errors in the evidence that can be used in your favor.

Argue that the prosecution can't prove you were driving

If you are the owner of the car, but you were not driving when the ticket was issued, you may be able to argue that the prosecution cannot prove you were driving. In most states, it is the driver, not the owner of the vehicle, who is liable for the violation. In these cases, many states allow owners to submit an affidavit stating that they were not driving when the violation occurred, which will usually result in the dismissal of the ticket.

Even if you were driving, you can still argue that the prosecution cannot prove it was you. If the photo included with your ticket is blurry and does not clearly show you in the driver's seat, this may be a valid defence. You will be under oath, so you cannot lie and say you were not driving if you were, but you can argue that the prosecution has no evidence that you were driving. This defence will only work in jurisdictions that require tickets to follow the driver, not the registered owner of the car.

In some jurisdictions, such as Broward County, Florida, a red-light camera photo is considered hearsay. Hearsay is 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 generally inadmissible, so you may be able to get your ticket dismissed on these grounds.

Argue that the camera wasn't calibrated correctly

To argue that a traffic camera was not calibrated correctly, you can request the camera's maintenance records. If the camera's accuracy was not tested within a short period before your ticket was issued, the photo may be unreliable as evidence.

In the case of a speeding ticket, you can also request the maintenance records for the camera and the speed monitoring system. If their accuracy was not recently tested, the evidence may be deemed unreliable.

You can also argue that the prosecution cannot prove you were speeding. For example, if the camera only captured a few seconds of the violation, this may be more difficult for the prosecution to prove.

It is important to note that the burden of proof is on the prosecution to prove each element of your violation. You do not have to prove that you didn't do it.

Argue that the ticket was served incorrectly

If you receive a traffic camera ticket, it's important to act quickly. Ignoring it could lead to high fines or even arrest. The first step is to examine your ticket. Check the date, time, and location, and confirm that you were indeed driving the car when the ticket was issued. You should also make a note of the exact code section you're cited for violating and review any photos included with your citation. If there are no photos, you may need to request them from law enforcement.

When it comes to arguing that the ticket was served incorrectly, there are a few things to consider:

• Service of Process: This refers to the procedure through which the state provides a driver with formal notice of a photo radar ticket. There are rules governing how the state may accomplish this, and if they fail to follow these rules, it may be possible to get the case dismissed. For example, if you are not served within 90 days of your ticket being filed with the court and you do not waive service, your case should be dismissed.
• Types of Service: Personal service involves a licensed process server delivering a copy of the ticket to the defendant at their residence. Substitute service means that the ticket is delivered to someone of suitable age and discretion who lives with the defendant. Alternative service is used when standard means of service have proven impracticable and involves mailing a copy of the ticket, posting it to the defendant's front door, and/or posting it to the defendant's garage door.
• Waiver of Service: If you mail anything back to the court about your ticket, request defensive driving school, or make a physical appearance at court, you may waive your right to argue that you were not served correctly. Some courts have also considered a phone call a waiver of service.

If you believe you were not served correctly, it is important to speak with an attorney. They can help you determine if you have a legitimate argument and advise you on the best course of action. In some cases, waiting for service and then taking defensive driving school may be the best option.

Frequently asked questions