With the advent of red light cameras, also known as automated photographic enforcement systems, defense against red light tickets has changed. These enforcement devices work thusly: a camera is triggered as a car goes over a sensor during a red light. The camera snaps photos of the driver and of the license plate, and a ticket is mailed to the vehicle’s owner. In this article is a brief list of steps to take and facts for a traffic ticket lawyer in Hillsboro, MO to consider after receiving a red light ticket.
The Driver, Rather Than the Owner, Is Responsible
In most jurisdictions allowing automated enforcement at red lights, laws state that the driver is responsible for the citation. In areas where the driver is responsible, and the owner was not behind the wheel, the owner can submit an affidavit attesting that they were not driving at the time of the violation.
Get the Evidence
When fighting a red light camera ticket, the first and most important step is to get the photographic evidence. In some areas, the photos are included with the mailed citation. In other places, clients must obtain the photos through a discovery request. When the pictures arrive, the defendant should contact Wegmann law firm and examine them to compare the driver’s face to the client’s, and for clarity of the license number.
Determine Whether the Camera Functioned Properly
At trial, the prosecution will present evidence as to the function of the enforcement device, as well as proof that it was fully functional at the time of the citation. The government must present photographic evidence as mentioned above, along with the vehicle owner’s driver license photo.
Potential Defenses
If the camera shots are clear, a lawyer may advise the following defense: if no one from the company maintaining the device appears in court, the client should object to the use of the photos as evidence. The objection can be mounted on the grounds that no one is present to authenticate the photographs. If they are subsequently excluded, there is insufficient evidence for a conviction. However, if the judge allows the photos anyway, the client may have a reason to appeal in the event of a guilty finding. Hiring a traffic ticket lawyer in Hillsboro, MO gives the client the best chance of beating a red light camera citation.
