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Driving Tip: Fight a Photo Radar Ticket
You're not automatically guilty
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Being ticketed by a machine instead of an actual traffic cop is becoming more common as municipalities around the country turn to photo radar and red light cameras as unblinking, 24-7 enforcers of the law.
But as any fan of The Terminator knows, machines aren't perfect; they can and do make mistakes. But unlike a human cop, you can't reason with a machine or expect it to cut you some slack. Instead, you'll simply be slapped with the payin' paper, whether you deserved it or not.
But that doesn't mean resistance is futile and that you can't win.
Here are some tips to keep in mind when it comes to dealing with automated ticket generators - and some ways to beat them at their own game:
You are still innocent until proven guilty. If you get a ticket in the mail accusing you of running a red light or "speeding" and think it's unjust, fight it. As with a ticket issued by a real live traffic cop, you are entitled to your day in court and to confront the witnesses and evidence arrayed against you. Call or go down to the court with jurisdiction (this information must be provided with the summons) and request a trial date, just as you would contest a "normal" ticket - and fight it in the same way, by disputing the claims made by the camera, supported by evidence of your own and by demanding that the state produce the evidence by which it hopes to convict you of the offense at issue. The National Motorists Association (
www.motorists.org) has a superb ticket-fighting kit that can help you here, as well as general advice on their Web site.
It must be you, not just your car. In cases involving photo radar or red light cameras, the law usually requires a clear photo of the driver be produced as evidence, not merely a photo of the car's license plate. That proves you own the car, but it doesn't prove you broke any law. Just because it was your car caught on tape doesn't mean it was you behind the wheel. The state must prove it was in fact you that ran the red light or drove faster than the lawful maximum - not just your car. In addition, you are entitled to see the original photo, not just the fuzzy copy that's typically sent along with the mailed ticket. Insist upon it. If the court can't or won't produce it, seek a dismissal on the grounds that court failed to produce basic evidence against you or that it was you who did the deed.
Check the date. In many areas, it is also a legal requirement that the defendant (that's you) be given reasonable notice of the violation being charged against him in order that he have adequate time to prepare a response, request a trial date, etc., before the DMV comes down with its "points," threats of license suspension and so on for "failure to comply." It's also only fair that you be given notice of the alleged offense within a reasonable period of time after it supposedly occurred, so that the events of the day in question, etc. are still fairly fresh in mind. Usually, it is a legal requirement that the ticket/summons be mailed within 15 days of the date of the offense; if it's later than that, you may have grounds for dismissal. Be sure to note the date on the postmark and save the envelope if you plan to defend yourself on this basis.
Remember the no-squeal rule. Many people labor under the false belief that they must point the finger at someone else when they claim they weren't behind the wheel of their car on the day of the violation. Sometimes, heavy-handed tactics will be deployed by the police and courts to get you to squeal. But the Bill of Rights hasn't been shredded completely and you still have the right to refuse to testify, against yourself or anyone else. It is up to the prosecutor and the court to prove guilt and it is not your job to assist them.
Don't forget "proof of service." One way to fight photo radar and red light camera tickets is by simply ignoring them. The state/locality is required to show what's called "proof of service" that you in fact received the summons; it's not good enough that it was simply mailed to your legal address. And since it would involve too much money and manpower to send out an actual process server - "you've been served!" - to every person who simply ignored the mailed tickets and tosses them in the trash, these tickets simply "go away." You can reasonably say you never got it, and until the state actually sends out a process server, which they are extremely unlikely to do, you're home free. Don't be intimidated; use the rules to your advantage.
Beware of fake tickets. For crooks, there's always an angle. Automated tickets provide a golden opportunity since many people are cowed by authority and by official-looking correspondence, especially threatening-sounding "tickets" demanding credit card numbers or other "immediate payment" or else. Thinking they are paying off a ticket, some people have had their cards racked up (or their bank accounts drained) by cons who used this trick to get those all-important digits. Some red flags? If your "ticket" tells you "do not call the court," or if there is no address for the court with jurisdiction, alarm bells should go off. In no case should you send money or credit card info. Always call the court to confirm the ticket is real before opening up your wallet.
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