Understanding the Legal Implications of Traffic Camera Tickets

When it comes to traffic camera tickets, navigating the legal landscape can be complex. This article aims to clarify the status of these tickets in court, the implications of being caught by a traffic camera, and the challenges involved in disputing tickets. We will also explore the legal framework in New York and highlight why London perspectives might not always apply.

The Legal Framework and Vehicle and Traffic Law

When a traffic infraction is captured by a camera, the underlying laws in play are intricate. In New York, the relevant sections of the New York Vehicle and Traffic Law specifically address the use of devices, including cameras, to record traffic violations. Sections 1111-A, 1111-B, 1111-C, 1111-D, and 1111-E outline the basis for these cameras and the legal implications.

Legal Precedents and Conviction

The laws stipulate that if the operator of the vehicle is convicted of the underlying infraction, the owner is not liable for the penalty. However, the ticket is still issued to the registered owner of the vehicle. This means that even if you were not the operator, the ticket is your responsibility.

Common Grounds for Disputing Tickets

According to legal experts, while traffic camera tickets are generally accepted in court, there are some grounds that can potentially challenge them. The most common reasons include:

Wrongly assigned plate number Violation of proper citation procedures Proper service of summons

The legality of these cameras often hinges on detailed and specific aspects of the law. If the plate number is incorrectly assigned, it can be a strong defense.

Consequences of a Traffic Camera Ticket in Court

In most cases, contesting a traffic camera ticket is futile. Courts are unlikely to accept arguments such as 'it wasn’t my car'.

Registered Owner Liability: The ticket goes to the registered owner, not the driver, making the owner ultimately responsible. Traffic School: Although attending traffic school can be costly, it may prevent your insurance from raising your premium.

Claims that the ticket was not visible, or that the traffic conditions were ambiguous, are also typically dismissed.

Alternative Services and Mail Citations

It's important to note that mail citations, like those sent to the registered owner, are not considered proper service in most jurisdictions. Post office delivery of citations does not meet legal standards.

Some jurisdictions, such as New York, implement additional procedures to ensure due process. When a process server shows up at your door, requests to be acknowledged, and you accept the citation, it becomes a more serious matter. It is then treated as a criminal complaint, and you must respond accordingly.

The Perspective of a Federal Judge

A retired Federal judge advises that these traffic camera citation practices can be seen as a way to bypass legal requirements for proper citation and service. According to this perspective, the use of mailed citations fails to comply with all the rules of jurisprudence.

Following these procedures, if you receive a mailed citation and accept it, you will need to address the matter. Ignoring it may lead to more serious penalties, including fines and impact on your driving record.

Conclusion

In conclusion, while traffic camera tickets are generally accepted in court, there are specific instances where legal challenges can be made. Understanding the relevant laws and procedures, such as plate number accuracy and proper service, is crucial. Ignoring mailed citations is not advised, as they can escalate into more severe legal actions.