Camera Tickets: Traffic Violations Or Not?

The use of traffic cameras to enforce road rules is a highly controversial topic. While many states use these cameras to enforce traffic laws, the practice is not without its challenges. Traffic camera tickets are issued when a camera detects a vehicle speeding, running a red light, or committing another traffic violation. These tickets are typically sent to the owner of the vehicle, who may be required to pay a fine. However, it's important to note that the laws regarding traffic camera tickets vary by state and even by city. For example, in some states, these tickets are treated as non-moving violations or parking tickets, while in other states, they can result in more severe penalties. Disputing a traffic camera ticket can be a complex process, and it may be necessary to consult a lawyer for specific advice.

Camera tickets are sent to the owner of the car, not the driver

Camera tickets are usually sent to the owner of the car, not the driver. This means that if someone else was driving your car when the ticket was issued, you may not be prosecuted. However, this is not the case in all states. For example, in New York, the owner of the vehicle is held liable for red-light camera tickets, similar to parking violations.

If you were not driving when the ticket was issued, you can file a "Declaration of Non-Responsibility". This is a sworn statement that the vehicle was not in your care when the violation occurred. This can usually be done online, by mail, email, or fax. However, this does not apply if an employee was driving a company car—in this case, the registered owner or employer is considered to be in care of the vehicle.

Even if you were driving, you can still dispute a camera ticket. First, check the date, time, and location of the ticket, and review any photos or videos provided. Confirm that the ticket was issued correctly and that your vehicle can be clearly identified. You can also check if there are any signs required by law that were missing, such as warning signs for cameras. Finally, research the applicable laws and any relevant cases to build your defense.

Camera tickets are usually treated like parking tickets

In most states, it is the driver, not the vehicle owner, who is liable for a red-light camera violation. Many states allow owners who receive tickets to submit an affidavit swearing that they were not driving when the violation occurred, generally resulting in the dismissal of the ticket. Some states, like New York, treat red-light camera tickets like parking violations, holding registered owners liable rather than the driver.

While many states use traffic cameras for enforcing traffic laws, the practice remains highly controversial, raising questions about public safety, privacy, and drivers' rights.

Camera tickets are enforceable and can lead to a suspended license

In some states, failure to respond to a camera ticket or appear in court can lead to a driver's license suspension. For example, in Ohio, camera tickets have been enforceable for traffic violations since the early 2000s. If you ignore a camera ticket, the fine will increase, and your driving record will be negatively affected. You may even receive a court summons, which will cost you more in legal fees and time.

In most states, it is the driver, not the vehicle owner, who is liable for the violation. Many states allow owners who receive tickets to submit an affidavit swearing that they were not driving when the violation occurred, which will usually result in the dismissal of the ticket.

Camera tickets can also be disputed in court by presenting evidence that the camera did not function correctly, that the speed limit signs were unclear or not visible, or that you were not driving the car at the time of the violation.

Camera tickets do not appear on your driving record

Camera tickets are processed like parking tickets and will not appear on your state driving record. However, unpaid tickets may cause the Department of Licensing to place a hold on your vehicle registration.

In Seattle, for example, camera tickets are filed with the Seattle Municipal Court but will not appear on your state driving record. However, if you don't pay your ticket, the Department of Licensing (DOL) may place a hold on your vehicle registration.

Similarly, in California, if you accrue four or more points in a 12-month period, your license may be suspended or revoked. However, camera tickets are not mentioned as contributing points to your record.

While camera tickets generally don't go on your driving record, there are exceptions. For instance, in the District of Columbia, a red-light camera ticket will cost you $150 and add two points to your driving record.

It's important to note that even if a camera ticket doesn't go on your driving record, ignoring it could lead to high fines or even an arrest. Therefore, it's best to address these tickets promptly to avoid further consequences.

You can dispute a camera ticket by presenting evidence that the camera malfunctioned

In most jurisdictions, a camera ticket is treated as a traffic violation. However, the rules vary across different states and cities. For example, in L.A. County, a red-light camera ticket can be ignored without any penalty. On the other hand, in New York, a red-light camera ticket is treated like a parking violation, holding the registered owner of the vehicle responsible.

If you believe that you have been wrongly issued a camera ticket, you can dispute it by presenting evidence that the camera malfunctioned. Here are some steps you can take to dispute a camera ticket:

• Examine your ticket: Check the date, time, and location of the ticket. If you were not driving the vehicle at the time of the violation, you can file a declaration of non-responsibility, stating that the vehicle was not in your care or custody when the violation occurred.
• Plead not guilty: Respond to the citation by mail, online, or in person by pleading not guilty. Do not pay the fine listed on the ticket, as this may be considered an admission of guilt.
• Request a formal hearing: When you plead not guilty, demand a full formal hearing or trial. This may also require you to attend other hearings, such as pre-trial hearings or mediations.
• Request production of documents: Contact the local police department or law enforcement agency responsible for the camera to obtain copies of the photos and maintenance records. The maintenance records can help establish that the camera was regularly monitored and maintained.
• Research the applicable law: Look for cases in your city or county regarding traffic cameras and check if any appellate court decisions have ruled on the legality of camera tickets. This can help you identify potential defences.
• Attend the hearing: Arrive at the courthouse on the day of your hearing with copies of any documents or evidence you intend to use in your defence. Treat the judge and courthouse staff with respect and present your case calmly.
• Challenge the admissibility of the photograph: In some jurisdictions, a red-light camera photo may be considered hearsay, which is generally not admissible in court. Consult with a legal expert to understand the specific rules of evidence in your jurisdiction.
• Dispute the authenticity of the photograph: If no one from the company that maintains the camera testifies in court, you can object to the use of the photographs on the grounds of lack of foundation. The prosecution must present evidence that the camera, the system connecting it to the traffic light, and the traffic light itself were functioning properly.

Remember that the specific process for disputing a camera ticket may vary depending on your location, so it is always a good idea to consult with a legal professional familiar with the laws in your area.

Frequently asked questions