How to Defeat Your
Red Light Camera TicketProfessional Tips from CarGalaxies.com
Introduction
Red light cameras gradually became the part of our urban landscape. They
spread over the Cities and Counties and in some cases could cover the entire
State. And more cameras on the field naturally bring more tickets in the mail.
Never pay tickets without a fight – fight them in the court. Knowing how red
light cameras work and what are the best strategies for beating the red light
camera tickets in court arguably are the part of literacy of any modern
motorist nowadays. This presentation would give you the basic knowledge of
red light cameras modus operandi and walk you through effective defense
strategies to beat a ticket if you unfortunately got one.
Red Light Cameras Revealed
How Red Light Cameras Work
Sensor, camera and photo flash-light get installed in the intersection and are
synchronized with traffic light equipment. A ticket gets issued when a car
enters the intersection after the traffic light turns red. The definition for
word “after” depends on your state/city jurisdiction and in many places it is a
one third of a second. With that said, entering the intersection at the same
moment of time when the light turns red should NOT result in red light
citation. The same is even more true for the yellow (amber) light case – by
law you have to have no issues with crossing the intersection entry bar on
yellow light or being in the middle of intersection when the light is yellow.
Red Light Cameras Revealed (continued)
How Red Light Violations Get Captured
Two photo shots get done*) – one when the car crosses the painted intersectionentry bar during the red light phase and a second one – when the car is on themiddle of intersection. The moment for second photo shot gets defined by a shortdelay time set up in red light camera equipment (usually 0.5 – 1.2 seconds) whichusually depends on the speed limit posted for this location. The second photoproves that car didn’t entered the intersection by accident and then came to thefull stop but continued running on red during the red light phase. Date, time,location, violation number, time interval between two photos and car speed mustbe clearly shown on the second photo. Both photos must also show that theintersection light was clearly red at the time of violation.
*) some red light camera devices make three photo shorts with third short being a photo of licenseplate, others even record a whole video move thru the intersection, but vast majority of red lightcameras are two shot based.
Red Light Cameras Revealed (continued)
Do You Need to Identify a Driver?
The short answer is – “No, you don’t”. The tickets are issued against the cars
violating the red light law not against the drivers. This is the reason why all
red light citations carry only the financial penalties but not the driver’s
demerit points.
Red Light Cameras Revealed (continued)
Why Red Light Cameras?
The original idea behind the right light cameras was to enforce the traffic law
and safety on the roads. However everybody knows the real reason behind
that – municipalities need more money and red light camera tickets are the
easy way to generate some cash stream. Numerous researches conducted by
impartial 3rd party organizations show that contrary to original expectations
installing red light cameras didn’t result in overall traffic safety increase.
For example, researchers discovered, that some decrease in injuries caused
by right-angle-accidents gets well compensated by noticeably increased
percentage of injuries from rear-hit collisions caused by cars suddenly
stopped on red light trying to avoid possible red light citation.
Defense Strategies
So, it happened - you have got a ticket in mail and you want to know what to
do next. Below are the main strategies you could use to make your red light
camera ticket dismissed.
Defense Strategies (continued)
The Ticket Which Was Sent to You is a Snitch
There are numerous cases in some jurisdictions when local police sends
phishing (snitch) tickets to registered car owners expecting them to pay
blindly. According to internet resources "data from Oakland shows that in 2009
Snitch Tickets were 42% of what they sent out". So if you got a one – don’t pay
blindly and make sure that is not a scam. Check your “citation” – if it doesn’t
contain the name of the court, its address, phone number and open hours it is
likely a fake. If your “citation” contains request to pay a fine directly to
sender when saying “don’t contact the court” – it is for sure the fake.
If your “citation” contains the phrase: “Courtesy Notice: It is Not a Ticket” –
ignore it, it is a scam.
Defense Strategies (continued)
The Ticket Was Sent To the Wrong Address/Person
Some tickets are sent by mistake – they were meant for other person but
were mailed to you. Check the addressee’s name, address and other details in
the ticket to make sure that it is not a mistake. Check also if you have been
crossing that intersection on that day and time or if you are not the only
driver of your car in your household – ask family members if it could be them.
Defense Strategies (continued)
It Wasn't Me
Some local traffic authorities might exercise excessive pressure trying to
force you to reveal an identity of person who was driving your car during a
red light violation. You don’t have to answer – it is not required by law. If they
insist too much making you uncomfortable or they try to intimidate you in any
form - tell them that you want to exercise your constitutional right to remain
silent. Never forget – you are innocent until proven guilty in the court of law.
It is a responsibility of court after all to prove their allegations.
Defense Strategies (continued)
My Vehicle Was Stolen
If you vehicle was stolen by someone, even for only two-three hours of fan
drive – you are not liable. If you can prove it in court – your ticket will be
dismissed.
Defense Strategies (continued)
My License Plate Was Stolen
If you vehicle’s plate was lost or stolen and someone used it during the red
light violation – you are not liable. Applying this defense strategy would
require examination of citation photos to make sure that the car on the photo
isn’t yours.
Defense Strategies (continued)
Intersection Doesn’t Have “Photo Enforced” Warning Sign
Most jurisdictions require posting special “Photo Enforced” warning signs 300
feet before the intersections equipped by red light cameras. If that sign was
missing in your particular case - your ticket might be dismissed: the final
decision remains on the discretion of judge.
Defense Strategies (continued)
Red Light Camera Periodic Certification Requirement
The red light camera equipment is a subject of strict regulations (similar to
radars) and must be periodically tested and calibrated to comply the
municipal law. Many red light cameras fail to meet this requirement. Request
the last calibration report. If the calibration was overdue – your ticket is
safely dismissed.
Defense Strategies (continued)
Yellow Light Timing Is Too Short
There are well documented requirements for minimum duration of yellow
(amber) light between green and red phases in the intersection. Too short
duration of yellow light understandably leads to premature start of red light
phase and as a result – to unfair citation of cars caught off guard in the
middle of intersection.
“Who is interested in shortening the yellow light phase after all?” you might
ask. Companies that sell and install red light camera equipment often get
solid share of generated red light ticket revenue (in some jurisdictions up to
50%) and is the most interested party in these violations. Request the test of
yellow light duration; if it was altered – your ticket is dismissed.
Defense Strategies (continued)
Road and Weather Conditions
Severe weather and road condition could be an acceptable excuse for running
on red light. The ice, snow or excessive amounts of rain on the road could
make compliance to red light traffic law more dangerous than excusable
conditional violation. The same applies to the tailgating scenarios when you
are forced to keep driving on red light because car behind you is dangerously
close, is speeding or tailgating creating a hazard to cars and pedestrians
around. In these cases running on red light understandably promotes public
safety rather than violates it.
Defense Strategies (continued)
Citation Doesn’t Have Supporting Photos at All
In the name of privacy some courts or private contractors send out the red
light camera ticket without the actual photo. Make sure that they have all
photos required by law - go to the courthouse or municipal building and
request your red light camera photos. If they cannot present them – your
ticket is dismissed.
Defense Strategies (continued)
Photos In Citation Do Exist But Are Not Admissible To Court
Possible reasons:
One of two mandatory photos is missing
2nd photo exists but does not show your vehicle on the middle of intersection
The lighting conditions are very poor and the photo is illegible
License plate is missing on photo or is unreadable
Traffic signal malfunction (traffic signal was broken when red light camera flashed)
Red light sensor malfunction (it was a yellow light not red when first photo was taken)
White stop bar was not painted on the road or was not clearly visible
Out of State plates (with the exception of States which have mutual traffic citation
agreement)
Defense Strategies (continued)
If Nothing Above Worked Out
You may dismiss you red light ticket by attending a traffic school if you are
eligible. The eligibility requirements vary from State to State. In California,
for example, you can do it only once in every 18 months; in Florida – only
once in 2 years.
Check your State law for eligibility period.
Conclusion
Never underestimate the importance and the role of a professional legal
support in your traffic ticket defense. Note, the above discussed tips are
meant first and foremost for informational purposes. They are not designed
and cannot replace professional help of an experienced traffic attorney.
To find all traffic lawyers in your location go, for example, to
http://www.cargalaxies.com/TrafficTickets_Find_Local_Traffic_Lawyer.aspx
For more tips on ticket defense feel free to visit
http://www.cargalaxies.com/TrafficTickets_Tips.aspx
Many tickets can be dismissed with proper help. So, help yourself and defeat
the ticket! Never forget – you are not guilty until proven guilty in the court of
law!
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