Ask Avvo: How can I beat a red light camera traffic ticket?

Traffic law, Crime

Q: I received a ticket in the mail after my car was caught on camera running a red light. My roommate was driving my car that day, not me. What are my options for fighting the ticket? Do I have to identify my friend as the driver, or can I fight the ticket simply by saying I didn’t have the car at the time of the offense?

A: There are a lot of misconceptions about red-light camera cases, perhaps more than in any other area of traffic law. Some counties are dismantling their systems and dismissing tickets; other counties are installing new systems at this very moment.

About half of U.S. states have laws that allow red-light traffic cameras. You should read up on your own state’s traffic laws, as state-by-state differences in the law can significantly impact how a case can be fought and won. Depending on the state, you may have two options:

1. Clear yourself by naming the correct driver

If another driver had possession of your car during the infraction, you can identify that driver and absolve yourself of responsibility. Some people incorrectly think there is a loophole that clears them of the infraction as long as someone else was driving, but it isn’t that simple. Usually, once you identify the other driver, the court sends a notice to that person, citing them for the offense.

2. Fight the ticket without naming the true culprit

In some states, such as California and Washington, you can fight your case without identifying the other driver. However, in California, you may have to be present in court to fight the case based on identity.

 Related: What should I wear to court?

While it’s true that you have the right to avoid self-incrimination, that right would not apply to naming another driver of your vehicle. Be aware that this may come up if you choose to fight the ticket.

It’s best to seek advice from a local traffic ticket attorney who is familiar with your state’s laws. A lawyer can provide the best chance of having your red light ticket reduced, dismissed or, in states with point systems, amended to a non-point violation.

Photos via Flickr

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