Let App WinIt fight your ticket.
Fighting a traffic camera ticket is hard enough. Doing so on your own makes it even harder. Videos and pictures from traffic cameras, speed cameras, and red lights count as hard evidence for the court. The more evidence the court has, the less likely you’ll be able to win your case.
That being said, knowing the process by which you can contest that ticket can save you hundreds of dollars and keep points off your license. Keep in mind that the specifics of this process can vary from jurisdiction to jurisdiction. Think of this article as a general rule of thumb.
Check the Facts
Learn how to read a traffic ticket. The way the ticket is written will be different for each of you, depending on where you live. For example, New York traffic camera tickets tend to look different than Florida traffic camera tickets.
The facts of reality don’t always line up with what the court calls the “facts” of your case. Most courts send out these tickets according to license plate registration. That makes it possible for you to get these tickets even if you weren’t the one driving the car. If your car was stolen, these tickets might still be sent to your mailbox.
The ticket might also have somebody else’s name, a different license plate number, the wrong date, or other false information. If you can prove that the “facts” on the ticket do not line up with the facts of reality, then you stand a good chance of getting your case dismissed in court.
Study the Law
Whenever you’re in a courtroom, you’ll need to know the law inside and out. Any misunderstanding or misinterpretation of the law can result in you losing your case. Losing your case means being convicted of the violation and suffering the penalties thereof.
Every traffic camera ticket should list the specific law that you violated. Legal databases like Jstor or LexisNexis can help you with that, but those sources can be quite pricey. Certain state and local jurisdictions’ websites allow you to read up on the specific text of the law, but those websites are not always helpful.
The best way to learn the law is to become a lawyer. Unfortunately, the court won’t defer your traffic camera ticket for three years while you get your JD. Instead, just hire a lawyer.
Double-Check the Photos
Traffic camera tickets rely on the photographs and videos that the camera takes. Speed cameras and other road-monitoring devices work pretty much the same way. Speed cameras in New York City are particularly common. Fortunately for you, they’re not always made with the best technology.
You might be able to have your case dismissed just because of bad photographs or videos. If the camera lens is fogged over, spotted with rain, or blurry, your odds of winning increase. All of these factors may help you cast reasonable doubt on whether or not the vehicle in question is actually yours.
Here’s an example. You get a traffic camera ticket with an attached picture of a vehicle speeding down a highway on a rainy night. Because it’s dark out, you were moving quickly, and it’s raining, the camera probably didn’t get a clear view of your license plate. If the camera can hardly see your vehicle, you can argue that there is no proof that it was in fact your vehicle.
Plead Not Guilty to Your Traffic Camera Ticket
If you want to have any chance at contesting your traffic camera ticket, you’ll need to plead not guilty. Notice how the option isn’t to plead “innocent.” The difference might be semantic, but it’s a very important legal distinction. Just because you’re not guilty of the crime as stated on the ticket doesn’t mean you’re innocent.
Either way, pleading guilty or no-contest typically results in an immediate conviction. These two options completely take away your chance to argue in court. In order to have a chance to fight your ticket, you have to plead not guilty.
Present Your Case in Court
When the time comes to go to court, be sure to dress in appropriate courtroom attire. Bring all of your evidence, notes on your prepared argument, and get ready to argue your case. Your opponents will be seasoned experts who have been upholding tickets for their entire careers, so you better study.
Once you begin your argument, there is no going back. This can last anywhere from a few minutes to a few hours, depending on the severity of the violation, the court’s docket, and a long list of other factors.
If it looks like you’re going to lose, certain jurisdictions will offer plea-bargaining, which allows you to plead guilty to a lesser offense in exchange for a more lenient punishment.
Just Hire an Attorney
Follow the five steps outlined above and you could stand a decent chance of having your case dismissed. Unfortunately, that “decent chance” requires you to take off work, make travel arrangements to the court, spend hours studying the law, and otherwise spend time and money that you don’t have to argue against experts.
That’s why it’s important to hire a seasoned traffic attorney. Not only are they experts at dismissing tickets, they also tend to fully understand the laws in question. Many even have professional working relationships with the prosecutors and judges who work these cases, making it easier for them to negotiate plea deals and dismissals on your behalf.
Fortunately, you can do all of that and more directly from the WinIt app!
For more great content on traffic laws and the rules of the road, check out our other posts and follow us on Facebook for frequent updates!
