Aside from other commonly used traffic violation defenses, red light ticket defenses also provide a driver significant other options for contesting their traffic violation citation. The following article outlines how drivers can obtain a dismissal of their red light camera based citation.
In order to obtain conviction in almost every red light citation case involving a traffic camera, law enforcement and the courthouse are required to provide a picture or video of the actual alleged violation into the court. Without this evidence, the case is usually immediately dismissed. Even with the presence of a tape, video, or photograph, a driver can state that any testimony made by a law enforcement officer, upon viewing a red light camera video, is simply hearsay, as the officer did not actually witness anything. Rather, the officer is relying on a secondary source to make statements. The simple fact of the matter is that an image presented provides no context or any other information to convict a driver, and in turn, a law enforcement officer cannot attest to anything otherwise, as he or she was not present at the time of the alleged incident.
As a driver facing a red light camera citation, knowing the applicable state laws concerning traffic cameras are essential. At this point, the help of legal counsel can prove instrumental in defending a red light camera citation. Some commonly used defenses, which can vary based on applicable state laws, include:
In essence, a red light camera citation is relatively easily contested in the courts, should a driver seek the insight and representation of a lawyer. In most cases, a lawyer with experience in handling traffic violations cases can obtain dismissal of a red light camera citation for most drivers, depending on the facts surrounding their citation.