How To Check If You Have A Speed Camera Ticket
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You lot bank check your mail service to find a notification that a camera has defenseless you speeding, or running a red light. The camera took a picture of your motorcar and your license plate, and now you lot're expected to pay several hundred dollars. However, traffic cameras have an uneasy and controversial position in many jurisdictions across the state – for case, if you lot go a red-low-cal camera ticket in L.A. County you lot can simply ignore it without penalization[ane] – which means disputing your traffic camera ticket may be easier than you idea.
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Bank check the date, time, and location of the ticket. Because photographic camera tickets are sent to the owner of the motorcar, not the driver, make certain you actually were driving the car when the ticket was issued.
- Generally, the prosecutor must prove that y'all were driving in that location at that date and fourth dimension. If someone else borrowed your car, you tin can't be prosecuted.[2]
- Withal, understand that some states such as New York treat scarlet-light camera tickets like parking violations, holding registered owners liable rather than the driver specifically.[3] Make sure you bank check the red light law in the jurisdiction where you got the ticket.
- If you were driving your car, try to reconstruct the scene and remember what you were doing or what was happening at the time, and write down any details y'all remember. For example, you may accept been making a legal correct plow on red when the camera took the photo. If yous were making a legal maneuver you should exist able to get the ticket dismissed.[4]
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Make notation of the exact lawmaking section you're cited for violating. Read the police force and make sure you understand both its elements and the penalties for violation.
- Make sure if penalties are listed in the code department that they match the fines or penalties assessed on your ticket.
- Remember that it is the prosecution's brunt to prove each element of your violation – it's not your responsibleness to bear witness that you didn't practise information technology.
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Review the photos. If the notification you received included photos, review them to ostend that its your auto in the photo, and that the photo is clear.
- Your all-time defense force may plough out to be the blurriness of the photo. If the license tag isn't conspicuously visible, information technology may be hard to confirm that the motorcar is yours.[5]
- If there'south no clearly identifiable photo of you in the driver's seat, this may nowadays another avenue of defense. You lot will be under oath, and then you can't argue that you weren't driving if you lot were – yet, you tin fence that the prosecution tin't prove you lot were driving, or has no evidence that yous were driving. This will get you off the claw if you live in a jurisdiction that requires tickets follow the driver, not the registered owner of the motorcar.[six]
- If photos were not included with your commendation, yous may need to expect until after your trial is scheduled to request copies from constabulary enforcement.[7]
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Plead by mail or online, if possible. Some jurisdictions allow you to respond to the citation either past mail or online, rather than going to a live arraignment in traffic court, for less serious traffic violations such as speeding or running a red light.[8]
- You must plead non guilty if you want to dispute the traffic camera ticket, and y'all can't pay the fine listed. In some jurisdictions, paying the fine is considered an admission of guilt.
- Check your commendation and brand sure you plead not guilty before the deadline. Typically yous'll accept 30 days to dispute the ticket, simply the fourth dimension period may be shorter.
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Announced at arraignment. If you accept no choice but to appear in traffic court if you intend to plead not guilty, show upward at the date and time listed on your citation.
- This also may exist called a get-go advent or a observe hearing, depending on your jurisdiction.[9]
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Request a formal hearing. When you plead non guilty, demand a full formal hearing or trial.
- When you lot request a total trial, you lot also may be required to nourish other hearings such as a pre-trial hearing or mediation. Nourish those as required, simply don't accept anything less than a total dismissal of your traffic photographic camera ticket.
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Asking production of documents. Now that yous take a court date, call up the local police department or other law enforcement agency in accuse of the camera used to issue your citation.
- If photos were not included with your citation, you'll need to asking copies of them.[10]
- You also should asking full maintenance records for the camera and the traffic low-cal or speed monitoring arrangement to institute that they were regularly monitored and maintained. If their accuracy wasn't tested within a curt period of fourth dimension before your ticket was issued, the photo is potentially unreliable every bit evidence.[xi]
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Research the applicative police. Look for cases in your city or county about traffic cameras, and run across if whatsoever appellate courtroom decisions have ruled on the legality of traffic camera tickets.
- Aside from the camera itself, in that location may exist other defenses that are recognized by law. For example, some states have specific rules about where warning signs must be posted for traffic lights. If the warning signs were obscured or not present, you'd take a defense.
- Some states recognize a necessity defence force for speeding. Since evidently a camera cannot tell why you were speeding, y'all may be able to go out of the ticket this fashion.[12]
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Appear at your scheduled hearing. Arrive at the courthouse on the twenty-four hours of your hearing with copies of any documents you intend to employ as testify in your defense.
- Make sure annihilation you bring with yous is organized and you have a clean, professional advent. Treat the judge and all courthouse staff with respect. Don't do anything to give the judge the opportunity to make a snap judgment that you are untrustworthy or have an attitude problem.
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Listen while the prosecutor presents the case against you. The prosecutor will accept the first opportunity to speak in your example. Heed quietly, making notes where something is said that you want to bring up later, but exercise not interrupt or speak direct to the prosecutor.[13]
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Challenge the admissibility of the photograph as hearsay. In some jurisdictions such as Broward County, Florida,[14] a red light camera photo is considered hearsay.[15]
- Basically, hearsay is divers as an out-of-court statement presented in court to prove the truth of the matter asserted.[16] In this case, the photo is an out-of-court "statement" that prosecution is attempting to use to testify yous violated the traffic constabulary.
- Hearsay bear witness is inadmissible unless it fits into one of the exceptions carved out of the rule. However, at that place are more than than 2 dozen hearsay exceptions.[17] Some courts have fit traffic photographic camera photos into these exceptions, but others have non. Research the issue to discover out if this objection is bachelor in your jurisdiction.
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Assert your right to confront witnesses. The 6th Amendment of the Constitution guarantees you the right to cross-examine witnesses.
- Unless a witness appears who maintains the record and system associated with the camera, you do not take this opportunity.[eighteen]
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Dispute the authenticity of the photograph. If no one from the visitor that maintains the camera shows upward to evidence, object to the use of the photographs for lack of foundation.[xix]
- Likewise, if you take a camera ticket for speeding, the company or officeholder who maintained the camera and the speed detection equipment must appear in court to testify or the photograph has no foundation to exist admitted into testify.
- For the prosecution to rely on the photos, information technology must present bear witness that the camera that took the photo, the organisation that continued it to the traffic low-cal, and the traffic light itself were functioning properly. Without establishing this foundation that all of these machines are reliable, the photo is not reliable and cannot be admitted into evidence.[20]
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Assail the lack of evidence. If the photos are clear and the estimate allows them, but none of them clearly show you lot driving, you take a defence that the prosecution cannot prove it was you driving the car.[21]
- The photo also provides no proof that the traffic light was functioning properly. If prosecution can't prove the traffic calorie-free was operation properly, they can't prove that you ran the red low-cal.[22]
- These aforementioned arguments use if you accept a camera ticket for speeding. Prosecution must evidence that the speed detection organisation was functioning properly for the photo to be evidence that you were speeding.
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Enhance whatsoever other possible defenses. If your set on on the camera fails and the photos are admitted equally evidence, employ any other defenses y'all may have establish in your research that applied in your case.
- You lot don't take to deny guilt for many of these defenses to work. For example, if yous apply the defense that you acted out of necessity to avoid damage to yourself or others, y'all're basically saying that you committed the violation but it was for a skilful reason.[23]
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Article Summary Ten
To dispute a traffic camera ticket, plead not guilty by writing to your traffic court on the accost provided. If you lot have to attend an arraignment, plead non guilty and request a formal hearing. While you're waiting for your hearing, research the law in your area to build a legal defense. For example, some states require clearly visible alarm signs for cameras to be posted earlier a traffic low-cal. If the warning signs were obscured or not nowadays, you might not have to pay the fine. Some states also recognize a necessity defence force for speeding, so if yous were driving to the hospital in a blitz, y'all might also accept a defense. When you get in at court, present your case, using any evidence to support your merits. For more than tips from our Legal co-writer, including how to argue that speeding camera photos are hearsay in court, read on!
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