Green Light Go! Red Light Stop! Yellow Light Floor It!

I get a lot of questions about those red light camera tickets.  They're easy to fight, and the Court will often help you out when you show up to fight them.  I don't really consider this post to be costing me too much business because:

1.  After I explain everything, I still get a lot of "Well, I think I understand you, but why don't you just go ahead and take care of it anyway- just to make sure."; and

2.  "I could do this, but I really don't have an hour to waste, so, if you don't mind, can I just give you $75.00 to do this for me?"

So, anyway, here is what you should know about those tickets:

1.  They usually are NOT moving violations (a lot of tickets have this printed on them, and if you ask the Court, they must tell you), so even if you fight and lose, or just pay the ticket, it won't go on your record, and you won't have any points on your insurance.

2.  Most jurisdictions will make you fight them, and won't just give the case away because you raise a winning argument- at least not immediately.  They'll usually make you set a trial date, if for no other reason than to inconvenience you.  Just know this.

3.  Without the video evidence, they lose.  Furthermore, the video evidence is, arguably (you'll usually win this), inadmissible for want of foundation.  Specifically, because the officer doesn't watch the camera the entire time he's operating it, the video would only be admissible with respect to the officer's general familiarity with the intersection, and not his specific familiarity with the intersection at that exact date and time.  So you need to move, in limine (before trial), to suppress this evidence.

4.  Even if the motion to suppress should fail, there is no proof of ownership or title.  You don't have to admit that you own the vehicle.  In fact, you can plead the Fifth- you don't have to say anything.  So don't.  How in the world can they prove title and ownership without you admitting the same?  They can't. 

5.  Supposing 3 and 4 fail, there is still one other defense you'll have.  They can't prove you were driving the vehicle.  So, if title, for whatever reason, can be established, then you'll need to testify to the Court that other people drive your car, and, if applicable, other people are listed as owners (you can always attest to ownership of your property).  This should succeed.  But, even if you do lose, remember that you have nothing to lose (except money) by fighting, because it's not a moving violation.

So, there you go.  Good luck!!!!