Fighting photo tickets
by admin | July 31, 2008 | In Photo Radar: Fighting your ticket | No Comments
It seems common place these days to see flashing bulbs on the streets. More and more each day cities, towns, and states are adding what most feel is an unfair weapon to control drivers. Photo enforcement cameras let the governing bodies keep an eye on drivers without have to witness it first hand. As much as i feel we should all fight governments who install more ways to watch over you and control you. Photo radar, speed camera, red light cameras (or what ever you like to call it) are here to stay. As its to much of a cash cow for local municipalities.
"What can i expect if I'm caught by photo enforcement?" This is what you can expect. In a few day or weeks the OWNER of the vehicle that was used in the so called "offence" will be mailed out a fine (fine rage from state to state). Along with the fine and description of the offence a picture of your vehicle and (some states) a picture of the driver.
In Arizona there is also a website address in you mailed ticket. What ever you do DO NOT VIST THAT SITE! They will use this as a means of adaquetly serving you the ticket. When you get your ticket in the mail "I would" (this is up to you) just through it away. After a while a the state will send a server out to physically serve you the ticket. So after you toss out the fine in the trash, be on the look out for people knocking at your door. I would advise you to answer the door. You should know right away if you know the person who is knocking on you door. The server will ask you if you are such and such (even just a last name is good enough for them) or something along those lines. Your best bet is to play dumb! Tell them you are not who they are looking for and you don't know them. Don't tell them they use to live there. Act like you have never heard who you are looking for make it short don't answer any more question and close the door in there face. Yeah its kinda rude, but so isn't the ticket they want to give you.
After 120 day in Arizona photo tickets drop off and your in the clear "What if you want to fight it?" You have a bunch of outs here too. If you choose to fight the ticket. You can expect a bit of a drive in some areas. As the local court in most places is not close. When you get to the court house you will go in front to the judge or magistrate. Tell the judge why you are fighting the ticket. Your reasons can range from, lack off proof you were the one driving the vehicle. Or the picture of the driver is not you or unclear as to who it was. The judge will most likely ask "who was driving" Your response should be "I let other people drive my vehicle often and I can not recall who the driver was at that particular time, nor do i know who it is inthe picture." If that fails Ask the judge you would like to face your accuser. (I think this is applies to criminal cases.) As that is your constitutional right. In this case the accuser is a camera. Your case should be finished after that comment. A camera is not a certifiable witness of the event. You can also ask to have the camera tested to make sure it was working correctly at the time the picture was taken.
In some states fines like these have been found to be unconstitutional. In Minnesota the Supreme Court struck down red light cameras. One of the biggest parts of their ruling was aimed at the heart of every photo enforcement ordinance in the USA. This is called "Rebutable Presumption." The ruling was that assuming the owner was the driver illuminates the presumption of innocents and that went against the criminal procedure.