The best way to fight a red light camera ticket is to hire a lawyer who specializes in traffic tickets. He or she will be familiar with traffic ticket laws and the best way to fight them. Here are a few strategies to use when challenging your ticket.
If the city or county sends you a photo of you running the red light, examine it to see if the license plate is blurry or clear. Check to see if the photo of you is blurry. If neither you nor your license plate is recognizable, you can fight the ticket. You can say that the person driving your car doesn’t look anything like you or is unrecognizable. If the license plate is blurry, you can argue that they cannot be certain they have the right car. If the photo is not included with your ticket, request the photo.
Argue the Reliability of the Camera
When in traffic court to fight the ticket, ask whether the camera was indeed working properly at the time it generated your ticket. Cameras are machines and they can malfunction. If the prosecution cannot decidedly prove that the camera was working properly, they do not have a solid case proving that you ran the red light. Also, those reviewing the pictures can make a mistake in deciding on the accuracy of the picture. Question if they are absolutely certain the picture proves that you ran the red light.
Witnesses at Trial
The red light camera manufacturer is supposed to appear at trials regarding red light traffic tickets. A representative from the camera company is there to testify whether the camera was working properly and when it was last maintained. If no one shows up to represent the camera company, you can argue that no one is there to verify whether the picture is accurate.
One can try arguing that the photograph is hearsay and is therefore inadmissible under the Sixth Amendment. It is hearsay because you cannot cross examine the photograph or the camera. The Sixth Amendment gives defendants the right to confront their accuser.
In summary, it is best to have a traffic attorney represent you. If you are not familiar with traffic law, you will not be able to mount your own defense in court. Without knowing the law or how to prepare a defense, you will likely lose your case.