Caught driving through red lights is a problem for many drivers in various states, but sometimes the camera catches the wrong person and may send the ticket to the driver in front of or behind the true culprit. It is important to seek a resolution to these concerns that protect the rights of each driver on the road.
The evidence mounting against the individual that the law enforcement officer alleges ran the red light is crucial in defending against and to ensure he or she is guilty. The penalty is generally a fine and so many points if the point system exists in the state. He or she may also face insurance complications if the insurance carrier deems the action harsh enough to take action. However, it is possible to defend against the allegations depending on the circumstances. The primary objective is to refute or explain away evidence. The closer the driver was to another individual, the less likely he or she actually ran the red light.
Cameras and Evidence
When a person faces a possible ticket for running a red light in some states, it is because the camera captured him or her doing soon the road. However, some of these cameras captures are defective or go off at the wrong time. If the person is close enough to another driver, it is possible to drive through a yellow light with enough distance that the red light does not occur until after he or she has passed halfway through the intersection. Then, the evidence used to convict the person of a traffic violation is faulty and not sufficient for the guilty penalties to apply when argued successfully before a judge.
The dash cam may provide more details for the courts in these situations. Additional forms of evidence may also come from a person capturing a picture or video of the incident. Eyewitness statements may give more proof that the driver did not run the red light even if the camera did flash and record the event. It is crucial to have as much evidence as possible when pleading not guilty to a traffic ticket. Red-light camera tickets are often difficult to challenge even with evidence, and the more details the driver is able to provide, the more likely he or she will increase any possible chances of winning.
Enhanced Photo Details
One way to challenge the red-light camera is to contest the clarity and visibility of the photo. Sometimes the camera is capturing someone else, and the photo shows the driver accused instead. By enhancing the image through software or from a hired professional, there is potential to demonstrate to the judge that the image captured another driver instead. Without the ability to enhance the image, the defendant may just challenge what is available. If the camera caught only part of the license plate or is so grainy or faded that no one could decipher who is in the photo, the individual may have a valid claim against the ticket.
Avoiding an Accident
Some judges are more lenient than others. If the driver was unable to stop running a red light, but this also resulted in avoiding an accident, it is important to tell him or her. In some instances, this could result in the ticket thrown out for extenuating circumstances. Other instances may include turning on a red light when the action is available in the state or if not, the turn itself helped the driver avoid a collision. Some intersections are confusing, and this could lead to potential accidents when multiple cars attempt to occupy the same space at the same time. Those that driver at higher speeds may collide with someone if he or she does not get out of the way quickly.
Hiring a Traffic Ticket Lawyer
Another strategy that may provide the driver with a means to overcome a red-light camera ticket is through hiring a lawyer. The legal representative may use these tactics or others that could prevent the fees a citation requires. This could lead to a not guilty plea and the lawyer talking to the judge about the incident with additional forms of evidence. Pictures, video and witness statements are proof that the camera either caught the wrong person or the necessary circumstances helped in avoiding further complications.
The lawyer will present the case for the person and attempt to mitigate the damage. His or her actions are necessary to try to overcome the red-light camera captures.
Via HG.Org
-March 18, 2018