Cities and counties are adding red light cameras all over the U.S.
Red light cameras are growing in popularity all over America. Law enforcement agencies are using them as a means to deter and decrease traffic violations. Critics say red light cameras generate huge new revenue sources without sufficient operational oversight by police. However, the process of electronically capturing traffic violators is under serious scrutiny. Without personally observing the nature of the alleged violation and verifying the identity of the suspect, law enforcement personnel can't really be sure what happened. This predicament creates your best defense for a red light camera ticket.
Instructions
1. Contact the law enforcement agency that issued the ticket. Speak with a clerk and verify the validity of the ticket. Check that the details on the ticket match with the information provided by the law enforcement agency. All the necessary contact information should be given along with your citation. You should be suspicious of tickets that do not include the agency name and contact information. Many agencies have outsourced some of the red light camera operation to private companies.
2. Notify the issuing law enforcement agency that you will contest the charge. Also contact your local traffic court to notify them of your intentions as well. If you have not been given a court date on your citation, request one. Do not pay the ticket fine. Paying the fine is an admission of guilt.
3. Inspect the proof pictures sent with your citation. Because red light camera tickets rely on photos to prove wrongdoing, it is customary that traffic courts mail pictures of the incident along with the citation. Verify that you are the violator in question. Proof pictures should clearly depict your face. A picture of just your vehicle is not sufficient proof of identity because it does not prove you were driving at the time of the incident. This may be grounds for a dismissal.
4. Recall the driving conditions during the time of the incident. Prepare your defense based on the plausible cause of the incident. Was the timing on the yellow light too short? Were there unsafe and unforeseeable circumstances that would have made stopping a more dangerous decision? A pedestrian nearby? Were there signs in the area notifying drivers of the presence of red light cameras? Do the proof photos clearly show that the traffic light was red during the time of the incident? These are all defenses that may be grounds for a dismissal.
5. Investigate the company that manufactures the red light camera that recorded the incident. You should be able to access this information by contacting the traffic court that issued the ticket. Find out as much information about the cameras as you can. When were they installed? How often are they maintained? When was the last time the camera was checked for problems before your incident? How does the camera work? Was the photo depicting the incident ever examined by a human law enforcement worker? Or was the examiner a civilian and not part of the police agency? What kind of training does the examiner have on this specific camera system? These questions may lead to grounds for a dismissal.
6. Do not rely on traditional court strategy to get out of a red light ticket. For instance, there will be no witnessing police officer at your trial so don't expect to get off because the officer doesn't show up to court. The prosecutor will use the proof photos provided by the red light camera in place of a witnessing officer.
7. Show up to court on your assigned court date. It may help to wear dress clothes to your court appearance. Present your defense to the traffic court judge. Argue your position in a professional manner based on your notes. Be brief, stick to the facts and tell the truth.
Tags: light cameras, enforcement agency, grounds dismissal, light camera, time incident, traffic court