Fight Back: Contesting A Camera-Issued Speeding Ticket

If you've received a speeding ticket from a camera, you may be able to contest it. The first step is to check the ticket details, including the date, time, and location. If you weren't driving at the time, you can't be prosecuted. If you were, try to remember the details of the incident and write them down. You can then plead not guilty by mail, online, or in person, depending on your jurisdiction. You'll need to do this before the deadline, which is typically around 30 days. You can then request a formal hearing and build a legal defense, such as proving that warning signs were obscured or that you were speeding out of necessity.

Argue the camera was faulty or not properly calibrated

To argue that the camera was faulty or not properly calibrated, you can request the calibration records of the camera used to capture the violation. These records can reveal any issues with the camera's accuracy, such as improper calibration or maintenance. If you can demonstrate that the camera was not functioning correctly, it may cast doubt on the validity of the ticket.

You can also request full maintenance records for the camera and the speed monitoring system to establish that they were regularly monitored and maintained. If their accuracy wasn't tested within a reasonable period before your ticket was issued, the photo may not be reliable evidence.

In some cases, you may be able to argue that the camera calibration records are out of date. However, this alone may not be sufficient to prove that the camera was faulty. It is essential to have other evidence to suggest a malfunction or inaccuracy.

Additionally, you can challenge the accuracy of the speed camera by requesting maintenance and calibration records to determine if the camera was functioning correctly at the time of the alleged violation. This can be a valid defense to contest the ticket.

Prove you weren't driving

When contesting a camera-based speeding ticket and trying to prove you weren't driving, there are a few key strategies you can employ. The first and often most effective approach is to provide an alibi and demonstrate that you were elsewhere when the incident occurred. This can be supported by various forms of evidence, such as witness testimonies, timestamps on receipts, or even GPS data from your phone or vehicle. For example, if you were at a restaurant or store and can obtain security camera footage showing you at that location at the time of the alleged speeding, this would serve as strong evidence. The key is to provide irrefutable proof that places you away from the scene, making it clear that you could not have been the person driving the vehicle.

Additionally, you can try to disprove the accuracy of the camera evidence. While this can be challenging, it is not impossible. For instance, you could investigate and research the specific type of camera used, its maintenance records, and any known issues or glitches associated with it. If you can find evidence that the camera has a history of providing inaccurate readings or that it was not properly calibrated or maintained, this could cast doubt on the validity of the speeding ticket. Expert testimony or reports could also be sought to challenge the reliability of the camera evidence.

Another strategy is to examine the photo or video evidence provided by the camera. Often, these images may not clearly show the driver, especially if the vehicle is moving at high speed or the conditions were not optimal for the camera. You can request a copy of the evidence and carefully analyze it to determine if the driver's identity can be conclusively proven. If the image is blurry or the driver is partially obscured, this could provide a basis for your argument that it was not you behind the wheel.

You can also try to demonstrate that someone else had access to your vehicle and could have been driving it without your knowledge. This would involve providing evidence of other potential drivers, such as family members, friends, or colleagues who may have borrowed your car. Their testimony, along with any supporting evidence of their whereabouts, could create reasonable doubt about your involvement in the speeding incident. However, be cautious with this approach, as it could potentially implicate someone close to you, so ensure there is a valid reason to suggest another driver before pursuing this line of argument.

Lastly, it is important to remember that the burden of proof lies with the prosecution, and they must prove beyond a reasonable doubt that you were the one speeding. By providing alternative explanations, alibis, or evidence that contradicts their case, you can effectively contest the camera-based speeding ticket and prove your innocence. Always seek proper legal advice and carefully review all the evidence before deciding on the best strategy for your unique situation.

Argue the signage was incorrect

To argue that the signage was incorrect when contesting a camera speeding ticket, you need to understand the legal requirements for signage in your state. In some states, there are specific requirements for signage relating to speed cameras. These requirements may include the content of the signs, their placement, and their proximity to the camera. If the signage does not meet these requirements, you may be able to argue that the ticket is invalid.

For example, in Iowa, drivers have successfully contested speeding tickets by arguing that roadside boards indicating speed limits were missing, and that they were therefore unaware of the speed limit. In other cases, signage must comply with safety standards set by federal government bodies. If the signage does not meet these standards, it may be considered negligent and provide grounds for contesting a ticket.

In addition to checking the content and placement of signage, you should also consider the timing and location of the camera. For instance, cameras are not supposed to be operating in school zones during designated times. If you receive a ticket from a camera in a school zone during the wrong time, you may be able to argue that the camera was not operating correctly.

To support your argument, gather evidence such as photographs of the signage and the surrounding area. These photos can be used to show that the signage was missing, obscured, or placed incorrectly. You can also collect statements from passengers or witnesses who can support your claim. Consulting with a lawyer who specializes in traffic law can help you build a strong case and navigate the legal process.

Challenge the admissibility of the photo as evidence

When challenging the admissibility of a photo as evidence of a speeding ticket, it is important to remember that the prosecution must prove that you were driving over the speed limit. If there is no photographic evidence, the officer may still have other evidence, such as a hand-held speed gun.

If you were caught by a speed camera, you will be served with a notice of intended prosecution. If you identify yourself as the driver, you can include a letter requesting the evidence the police have against you. However, the police are not obliged to provide you with any evidence at this stage. You can also request a calibration certificate, but again, the police do not have to show you this until you go to court.

If you think you can challenge the photograph, you may want to demand to see the full video. For example, if the photograph does not show your vehicle's number plate or you can see another car in the camera's crosshairs, you should demand the video to prove the speed check's accuracy.

If the police refuse to provide the evidence before the hearing, don't worry. If you are found guilty, you can ask the court not to increase your penalty. You can argue that you have not tried to delay the hearing or made unreasonable requests.

If you were speeding well above the limit, it is a good idea to see the photo evidence. You may not just have penalty points added to your license, but you may also receive a driving ban or a fine, depending on your record.

If there is a chance it was not you driving or there is an error with the calibration certificate, it is worth challenging the evidence.

Argue the prosecution can't prove you were speeding

If you want to argue that the prosecution can't prove you were speeding, you need to understand how the police measure speed. There are various methods used to determine the speed of a vehicle, each with its own weaknesses in accuracy.

Radar Guns

Radar guns use radio waves to measure speed. There are three types: stationary radar, moving radar, and lidar.

• Stationary radar devices are prone to inaccurate readings as they display the fastest signal, not necessarily the fastest object.
• Moving radar is more advanced, with two radar antennas showing separate frequencies.
• Lidar uses a narrow light beam and is considered more accurate, but it still may produce inaccurate readings.

Visual Estimation

This method relies on the police officer's special training to visually estimate a vehicle's speed. This method is the least accurate, as it is susceptible to human error and is dependent on maintaining a consistent distance from the vehicle in question.

Pacing

The police officer follows the allegedly speeding vehicle and compares its speed to that of their cruiser. This method also loses accuracy as the distance between the vehicles increases.

Speed Cameras

These cameras take pictures of the license plate of the speeding vehicle, but they cannot identify the driver, so no points are incurred. The ticket is sent to the registered owner of the vehicle for payment of the fine.

Methods of Disputing a Speeding Ticket

Regardless of the method used to determine your speed, you have the right to dispute the ticket. Here are some strategies you can use:

• Request calibration records for radar/lidar devices to ensure they were functioning properly and had been calibrated recently.
• Argue that the officer's visual estimation is inaccurate and that you were, in fact, driving at or below the speed limit.
• For pacing, point out that the officer's cruiser was too far behind your vehicle for them to accurately estimate your speed.
• For speed cameras, argue that the camera malfunctioned or that the photo is too blurry to identify your vehicle or its license plate clearly.

Remember, the burden of proof is on the prosecution, and they must prove beyond a reasonable doubt that you were speeding. You have the right to remain silent and request to speak to a lawyer.

Frequently asked questions