Challenging Speeding Tickets Issued by Traffic Cameras: A Comprehensive Guide

When
receiving a speeding ticket issued by a traffic camera, it can be a dreadful experience. However, it doesn't have to be a losing battle. This guide will provide you with the necessary steps and strategies to challenge your ticket and potentially avoid points and fines.

Understanding the Accuser: The Traffic Camera

When you receive a ticket from a traffic camera, the alleged crime is committed against the camera, not a police officer. This means that proving your innocence involves demonstrating that the camera was not properly calibrated or that the photo does not conclusively identify your vehicle as the one speeding.

Key questions to consider include:

When was the camera last calibrated? Who calibrated the camera? Was the installation of the camera carried out correctly? Has this particular make and model been successfully challenged in other cases?

While challenging the ticket, it's important to note that many jurisdictions, including Toronto, allow you the option of either admitting guilt, in which case the judge will reduce the fine, or challenging the charge in court.

Strategies for Filing a Challenge

Challenging a speeding ticket issued by a traffic camera is not only possible but also highly effective. Here are some key strategies you can employ to fight the ticket:

Request a Forensic Examination

One of the most effective ways to challenge a traffic camera ticket is by requesting a forensic examination of the camera and its film. This process involves an independent expert reviewing the evidence to determine its accuracy and reliability. Be prepared to pay for this service, as it will not be covered by the court.

Prove Your Vehicle Wasn't in the Area

One of the strongest arguments you can make is that the vehicle in the photo was not yours. Gather evidence such as time-stamped surveillance photos from your workplace parking garage or any other location where your vehicle was parked. Ensure that all the details in the ticket match your vehicle and license plate correctly, as mistakes in identification have become increasingly rare due to improved camera technology and high-resolution images.

Plead Not Guilty

Pleading not guilty does not require you to incriminate yourself. The burden of proof lies with the authorities to present refutable evidence that the vehicle in the photo is indeed yours and that you were the one driving. If there is reasonable doubt about your identity as the driver, you can dispute the account of the camera and request that the authorities present additional evidence.

For example, if the camera shows the car but not the driver, it could have been your cousin's best friend or someone else. While lying is not advised, presenting reasonable doubt can sometimes be effective in disputing the ticket.

Current Legal Landscape

While challenging traffic camera tickets used to be a more common practice, especially in the United States, the legal landscape may have changed. For instance, in Virginia, it was common for people to dispute red light camera tickets using the strategies outlined. However, whether you can be held responsible for speeding regardless of the driver is a matter of ongoing debate and interpretation.

It is important to stay informed about the laws in your jurisdiction, as changes in legislation may affect the process and outcomes of challenging traffic camera tickets.

Conclusion

Receiving a ticket from a traffic camera can be frustrating, but it doesn't mean you have to accept the charges without a fight. By understanding the evidence presented and taking the appropriate legal actions, you can increase your chances of challenging the ticket and avoiding unnecessary fines and points on your driving record.