How to Fight a Red Light Camera
Have you ever received a ticket in the mail through photo enforcement for running a red light? Did you know there are ways to fight these tickets? The next time you receive one of these tickets, be sure to check “not guilty”, and supply one of the following reasons in your statement.
Obtain the Photo of the Infraction
In some states, photos of your traffic infraction will be sent to you along with the ticket. If not, you can request a copy of the photo through a discovery filing. When you have access to the picture, look closely to see if the photo clearly shows your image. If the image is grainy or blurred, you can argue to have the case dismissed. Without clear visual proof that you were behind the wheel, you should not be able to be ticketed for this infraction.
Photo Enforcement Warnings
Some states require that signs warning of photo enforcement must be clearly posted. If you are ticketed, investigate the laws in your state, and explore the area in which you are ticketed. If you can prove that the rules for notifying drivers of photo enforcement are not followed within the required distance of the intersection in question, you should be able to fight your ticket.
Emergency or Accident Avoidance
In some cases, there is leniency if you can argue that you needed to run the red light for safety. If you can present evidence or testimony that you were attempting to avoid a fender bender or other collision, or that you had an emergency, you can argue this fact at trial.
Argue Your Constitutional Rights
A final route that you can take is to argue that a camera-enforced ticket denies some of your basic constitutional rights, and therefore your case should be dismissed altogether. You can suggest that you would not be able to face your accuser (which in this case would be the camera), which is guaranteed by the 6th amendment. You can also suggest that you should not have to implicate another person for driving your car, as this burden belongs to the prosecution. Additionally, you can reiterate that your 5th amendment right to remain silent should be respected.
If you happen to get a ticket from photo enforcement for running a red light, be sure to investigate thoroughly before sending in the fee and pleading guilty. Follow the steps above to help you beat the ticket and avoid a fine.