Generally, the prosecutor must prove that you were driving in that location at that date and time. If someone else borrowed your car, you can’t be prosecuted. [2] X Research source However, understand that some states such as New York treat red-light camera tickets like parking violations, holding registered owners liable rather than the driver specifically. [3] X Research source Make sure you 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 you remember. For example, you may have been making a legal right turn on red when the camera took the photo. If you were making a legal maneuver you should be able to get the ticket dismissed. [4] X Research source
Make sure if penalties are listed in the code section that they match the fines or penalties assessed on your ticket. Remember that it is the prosecution’s burden to prove each element of your violation – it’s not your responsibility to prove that you didn’t do it.
Your best defense may turn out to be the blurriness of the photo. If the license tag isn’t clearly visible, it may be difficult to confirm that the car is yours. [5] X Research source If there’s no clearly identifiable photo of you in the driver’s seat, this may present another avenue of defense. You will be under oath, so you can’t argue that you weren’t driving if you were – however, you can argue that the prosecution can’t prove you were driving, or has no evidence that you were driving. This will get you off the hook if you live in a jurisdiction that requires tickets follow the driver, not the registered owner of the car. [6] X Research source If photos were not included with your citation, you may need to wait until after your trial is scheduled to request copies from law enforcement. [7] X Research source
You must plead not guilty if you want to dispute the traffic camera ticket, and you can’t pay the fine listed. In some jurisdictions, paying the fine is considered an admission of guilt. Check your citation and make sure you plead not guilty before the deadline. Typically you’ll have 30 days to dispute the ticket, but the time period may be shorter.
This also may be called a first appearance or a notice hearing, depending on your jurisdiction. [9] X Research source
When you request a full trial, you also may be required to attend other hearings such as a pre-trial hearing or mediation. Attend those as required, but don’t accept anything less than a full dismissal of your traffic camera ticket.
If photos were not included with your citation, you’ll need to request copies of them. [10] X Research source You also should request full maintenance records for the camera and the traffic light or speed monitoring system to establish that they were regularly monitored and maintained. If their accuracy wasn’t tested within a short period of time before your ticket was issued, the photo is potentially unreliable as evidence. [11] X Research source
Aside from the camera itself, there may be 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 have a defense. Some states recognize a necessity defense for speeding. Since obviously a camera cannot tell why you were speeding, you may be able to get out of the ticket this way. [12] X Research source
Make sure anything you bring with you is organized and you have a clean, professional appearance. 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.
Basically, hearsay is defined as an out-of-court statement presented in court to prove the truth of the matter asserted. [16] X Research source In this case, the photo is an out-of-court “statement” that prosecution is attempting to use to prove you violated the traffic law. Hearsay evidence is inadmissible unless it fits into one of the exceptions carved out of the rule. However, there are more than two dozen hearsay exceptions. [17] X Research source Some courts have fit traffic camera photos into these exceptions, but others have not. Research the issue to find out if this objection is available in your jurisdiction.
Unless a witness appears who maintains the record and system associated with the camera, you do not have this opportunity. [18] X Research source
Likewise, if you have a camera ticket for speeding, the company or officer who maintained the camera and the speed detection equipment must appear in court to testify or the photo has no foundation to be admitted into evidence. For the prosecution to rely on the photos, it must present evidence that the camera that took the photo, the system that connected it to the traffic light, 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] X Research source
The photo also provides no proof that the traffic light was functioning properly. If prosecution can’t prove the traffic light was functioning properly, they can’t prove that you ran the red light. [22] X Research source These same arguments apply if you have a camera ticket for speeding. Prosecution must prove that the speed detection system was functioning properly for the photo to be evidence that you were speeding.
You don’t have to deny guilt for many of these defenses to work. For example, if you use the defense that you acted out of necessity to avoid harm to yourself or others, you’re basically saying that you committed the violation but it was for a good reason. [23] X Research source
