Traffic Camera Tickets: What Happens After You're Snapped?

Traffic cameras are an increasingly common feature of roads in the US. They are used to monitor intersections, enforce traffic light laws, and catch drivers who violate them. When a camera catches a driver breaking the law, a ticket is sent to the owner of the car. This can happen when a vehicle passes over a sensor in an intersection when the light is red, or when a camera detects a driver exceeding the speed limit. The ticket will include photographs of the violation, the license plate, and instructions for paying the fine or challenging the ticket.

The use of traffic cameras is controversial. Some states treat red-light camera tickets like parking violations, holding the owner of the car liable. In other states, the driver is responsible for the ticket. The legal status of traffic cameras varies across the US. While eight states have banned them, nearly 350 US communities use red light cameras.

How to dispute a traffic camera ticket

Examining Your Ticket

First, check the date, time, and location of the ticket. Camera tickets are sent to the owner of the car, so make sure you were the one driving when it was issued. In most states, the prosecutor must prove that you were driving in that location at that time. Some states, like New York, treat red-light camera tickets like parking violations, holding the owner liable. So, it's important to check the relevant red light law in your jurisdiction. If you were driving, try to remember what was happening at the time and write down any details, as you may have been making a legal manoeuvre, such as a right turn on red, which could get the ticket dismissed. Make a note of the exact code section you're cited for violating and check that the penalties listed match those on your ticket. Remember, it's the prosecution's job to prove each element of your violation.

Review the Photos and Videos

If you received photos or videos with your notification, review them to confirm it's your car in the media and that they are clear. Blurry photos that don't clearly show your license plate or you in the driver's seat may be difficult to confirm and could be a defence. If you didn't receive photos, you may need to wait until after your trial is scheduled to request them from law enforcement.

Pleading Not Guilty

You must plead not guilty if you want to dispute the ticket. Some jurisdictions allow you to respond to the citation by mail, online, or in person. Check your citation and plead not guilty before the deadline, which is typically around 30 days. If you have to appear in traffic court, show up at the date and time listed on your citation. When you plead not guilty, demand a full formal hearing or trial. This may require you to attend other hearings, such as pre-trial hearings or mediations, but don't accept anything less than a full dismissal.

Request Production of Documents

Call the local police department or law enforcement agency in charge of the camera used to issue your citation and request full maintenance records for the camera and the traffic light or speed monitoring system. If their accuracy wasn't tested recently, the photo may be unreliable as evidence. Research the applicable law and look for cases in your city or county about traffic cameras. There may be other recognised defences, such as improperly posted warning signs for cameras or a necessity defence for speeding.

Making Your Defence

Arrive at the courthouse on the day of your hearing with copies of any documents you intend to use as evidence. Treat the judge and courthouse staff with respect and listen quietly while the prosecutor presents their case, making notes of anything you want to bring up later. You can challenge the admissibility of the photograph as hearsay, dispute the authenticity of the photograph if no one from the company that maintains the camera shows up to testify, or attack the lack of evidence if the photos don't clearly show you driving.

What to do if you weren't driving

If you receive a traffic camera ticket but you weren't driving, the first thing to do is check the date, time, and location of the ticket. Camera tickets are sent to the owner of the car, so make sure that you weren't driving the car when the ticket was issued. If someone else borrowed your car, you cannot be prosecuted. However, some states, such as New York, treat red-light camera tickets as parking violations, holding the registered owner liable. Make sure you check the red-light law in the jurisdiction where you got the ticket.

If you weren't driving, you are required by law to submit an affidavit form to give the name and contact information of the person who was driving. If you don't want to identify the driver, you will have to go to court.

If you were driving, try to reconstruct the scene and 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 maneuver, you should be able to get the ticket dismissed.

Review the photos. If the notification includes photos, check to confirm that it's your car in the photo, and that the photo is clear. If the license plate isn't clearly visible, it may be difficult to confirm that the car is yours. If there's no clearly identifiable photo of you in the driver's seat, the prosecution can't prove you were driving, which may be a valid defense.

If you weren't driving, you can contest the ticket by mail. Fill out the information on the back of the citation and mail it in with any requested documents by the due date.

How to fight a ticket in Washington State

If you've received a traffic ticket in Washington State, you have three options: pay the fine, request a mitigation hearing, or contest the infraction. Here is a guide on how to fight a ticket in Washington State, specifically focusing on the option to contest the infraction.

Before the Hearing

Firstly, you should identify the violation you have been charged with and look up the requirements for proving guilt. You should also check whether the officer signed the ticket, as unsigned tickets cannot be introduced in court.

Next, you should write down your own memories of the incident, including the presence of other cars, the weather, and the nature of the road. You can then request a copy of all the documents the prosecutor intends to introduce at the trial, including the officer's sworn statement, any video or photographic evidence, and the names of witnesses.

You should analyse this discovery evidence, looking for ways it helps prove your innocence. For example, you could check whether the report was filed with the court on time, whether the officer identified your car as the only one targeted, and whether the officer was qualified to operate the radar or laser device.

During the Hearing

You should dress appropriately for your hearing, avoiding casual clothing such as shorts, flip-flops, and tank tops.

Before the hearing begins, you can make a pre-trial motion to bring attention to anything that warrants having the case dismissed or evidence suppressed. For example, you can request dismissal if the ticket wasn't filed on time, or if you didn't receive the officer's sworn statement at least seven days before the hearing.

During the hearing, you can cross-examine the prosecutor's witnesses and present your own evidence. When presenting your own case, listen closely to the questions and try to answer concisely. Speak loudly and clearly, stay calm, and tell the truth.

After the Hearing

If you lose your case, the judge will impose a fine. You can then file an appeal if necessary.

When to hire a traffic ticket attorney

Traffic camera tickets are usually triggered by sensors when a vehicle passes over them at a red light, and the camera snaps a photo of the license plate and driver. The ticket is then mailed to the registered owner of the vehicle, along with the fine amount, photo evidence, and information on challenging the ticket. While some people may choose to ignore these tickets, it is generally not advisable as it can lead to further complications and penalties.

Hiring a traffic ticket attorney is a personal decision and depends on various factors. Here are some circumstances in which hiring an attorney may be beneficial:

• Serious Charges: If you are facing more serious driving-related charges, such as driving under the influence (DUI) or reckless driving, hiring an attorney is generally recommended. The consequences of a conviction for these charges are typically more severe than for minor traffic violations, and an attorney can provide valuable legal expertise and representation.
• Multiple Tickets: If you have received multiple traffic tickets within a short period, hiring an attorney may help mitigate potential penalties, such as license suspension and increased insurance rates. An attorney can help you navigate the legal system and work towards a favourable outcome.
• Commercial Driver's License (CDL): Commercial drivers are subject to stricter rules and regulations than regular drivers. Certain traffic violations can lead to CDL revocation and heavy fines. Given the high stakes, hiring an attorney to protect your livelihood is a sensible option.
• Driving with a Revoked or Suspended License: If you were driving with a revoked or suspended license at the time of the traffic violation, you could face felony charges. The added complexities of this situation may warrant the expertise of a traffic ticket attorney to navigate the legal system effectively.
• Reducing Penalties: Traffic ticket attorneys specialise in traffic infractions and can help you understand your options for resolving your case. They may be able to negotiate on your behalf, reducing charges from a moving violation to a non-moving violation, which can avoid points on your license and other penalties.
• Court Representation: If you decide to fight a traffic ticket, you will likely have to attend court hearings. An attorney can represent you in court, saving you time and providing legal expertise. They are familiar with court procedures and can leverage their knowledge of judges' tendencies to build a strong defence.
• Legal Advice: Traffic ticket attorneys provide informed legal advice, guiding you through the best courses of action. They can help you understand the specific laws and regulations related to your case, ensuring you are well-informed and making strategic decisions.

How to check if you've received a ticket

If you're concerned you might have a traffic camera ticket, there are a few ways to check. The most common method is to check the mail for a violation notice, which is typically sent to the registered owner of the vehicle. This usually includes details of the violation, such as the date, time, and location, as well as information on how to view any photographic or video evidence. You may also be able to find this information by searching for your vehicle's license plate online.

In some states, such as Florida, you can enter your driver's license number on a License Check website provided by the DMV to see if you have any red light tickets. Alternatively, you can call the local courthouse or a traffic solutions company, such as American Traffic Solutions, to ask about any violations.

If you haven't received a notice in the mail and can't find any information online, you can contact the traffic court in the county where the incident may have occurred.

Frequently asked questions