speeding tickets
May03
Challenging the Photo Ticket
There are many ways of challenging a speeding ticket when you receive a notice in the mail. The system still has many shortcomings because many of the cameras are showing unreadable license plate numbers, the model of the car is not able to be identified or the operator of the vehicle is not shown clearly. The best thing to do if you receive one of these tickets is to ask to see records that back up their equipment.
The radar unit must be calibrated and this entails using tuning forks to do so on a daily basis. This often does not happen resulting in a radar unit that is not correctly calibrated. These devices are also to be inspected every so often (usually every 6 to 12 months) by an independent agency to make sure they are accurate. This also does not always happen.
The photo camera radar devices often produce false readings. This is true of regular police radar units as well. The speeding ticket you receive may not be as accurate as they would have you think. In one such case a motorist who received a speeding ticket challenged the accuracy of the camera. The type of camera used to photograph his license plate was only accurate up to 109 yards (100m). The photo of his tag was taken at 239 meters so the validity of the ticket was challenged.
Since the manufacturer of the camera only guarantees the accuracy to 25, 50 and 100 meters they are admitting at the distance his photo was taken it is not considered accurate. The case against him was dropped because it would have been too expensive to prosecute. The number of witnesses and experts that would have been called in by both sides would have far exceeded the amount of the speeding ticket.
Another thing to keep in mind is the equipment that is in use by many of the law enforcement agencies is loaned or leased to them. With a percentage of the speeding tickets paid using the camera going to the company that supplied the equipment to law enforcement, one of the things they depend on is the motorist just mailing in their fine. Basically this type of speeding ticket process is nothing more than a business masquerading under the premise of supposedly making the roads safer.
If you receive a photo radar speeding ticket it would behoove you to check and see if this type of ticket is even admissible in your state. There are several courts that have declared these speeding tickets as unconstitutional. The police departments and the city or town in which you receive the ticket is banking on you just sending in the fine and letting it go.
Another way of fighting this type of speeding ticket has been used by motorists. When the ticket is received in the mail, they simply do nothing. They do not send in payment or acknowledge the speeding ticket in any way. Why would this work, you ask? Because when you receive a regular speeding ticket issued by a police officer, you sign the bottom of this ticket as your promise to appear in court. When you receive a photo ticket, you do not sign anything.
There is no promise to appear and the only way you would have to is if a police officer serves you with a summons to appear. The odds of this may not be very good but if it does happen, all you have to say is you did not receive a ticket. Normally these tickets are sent regular post, not certified or registered mail, so they cannot be certain you received the ticket. Although this may not always work it has had a measure of success.
Regardless of what method you employ to fight a speeding ticket issued by photo radar, you have a chance of beating it because the accuracy is still being challenged. Avoiding a ticket is still the best way of ensuring that you do not receive one however, if you should there are methods that you may use to your advantage. The one you choose should be researched thoroughly to increase the odds that you will succeed in getting the speeding ticket dropped.
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