In most of the states that allow photo enforcement of red lights, the law states that the driver, not the vehicle’s owner, is liable for the ticket. Our firm doesn’t handle these. If you received a ticket in NYC, then send your request to the Albany office. We use cookies to make wikiHow great. As a result, New York imposes a lower speed limit in school zones when school is in session, compared with on other roads. This could be very useful, since I, "It showed me the questions to ask to make them prove their case. There are 17 references cited in this article, which can be found at the bottom of the page. This is a strange situation but I need help with this red light ticket. In states where the driver—not necessarily the owner—is responsible for the ticket, and the owner was not driving at the time of the violation, the owner can fill out an … The citation said I was traveling 30 mph in a 20 mph zone, and for that, I received a whopping $189 fine. The Traffic Violations Bureau (TVB) handles traffic ticket violations for New York City and Rochester only. Unless a witness appears who maintains the record and system associated with the camera, you do not have this opportunity. You can appeal in person or by mail by completing a Traffic Violations Bureau Appeal form (AA-33). How To Fight A School Zone Speeding Ticket. You can reschedule in person at a TVB office or by phone at least 24 hours before your hearing date. An officer can fail to appear up to three times before the case will be dismissed. Do speed cameras work to reduce everyone's speed? If another vehicle in the photos appears to have entered the intersection early (before their light changed) and caused the camera system to activate, how can I point that out without seeming to make an accusation? Typically you'll have 30 days to dispute the ticket, but the time period may be shorter. What should I do? Although it is less common, a judge can impose a jail sentence of up to 30 days for speeding ticket violations in New York. This will get you off the hook if you live in a jurisdiction that requires tickets follow the driver, not the registered owner of the car. When you get a traffic ticket, it basically means you're accused of violating a traffic law. Furthermore, they sent us a copy of the ticket with no photo evidence. You might agree to a plea deal to plead guilty to a violation worth less points (like a 2 point ticket). Since obviously a camera cannot tell why you were speeding, you may be able to get out of the ticket this way. Did you know you can read answers researched by wikiHow Staff? If you are hearing impaired, then you can request an interpreter when you enter your not guilty plea. Listen to how attorneys ask witnesses questions and how they make arguments to the judge. You can also challenge the accuracy of the radar used to measure your speed. The photo also provides no proof that the traffic light was functioning properly. State law provides that notarization is required on affidavits submitted to court, with only a few exceptions - this … The TVB was created to allow the criminal courts to only handle criminal cases, such as driving while intoxicated. wikiHow is where trusted research and expert knowledge come together. Speak loud enough so that everyone can hear you. Possible Defenses. Research source The purpose of cross-examination is to undermine the officer’s testimony, which you can do in several ways. The mailed violation has a 3:29 PM time stamp, but my work records show that I punched out of work at 3:29 PM that day. This article was co-authored by our trained team of editors and researchers who validated it for accuracy and comprehensiveness. If you had someone riding in the car with you, then this person could act as a witness. You should prepare for your TVB hearing by sitting in on a hearing and observing the proceedings. She received her JD from Indiana University Maurer School of Law in 2006. Request for an expert to appear to explain precisely how the camera equipment is used as an accusatory instrument. You will receive a notice of hearing in the mail. Jennifer Mueller is an in-house legal expert at wikiHow. They usually have a video showing the light changing with the flash going off as you enter. X 1. To learn how to pay your violation visit the Parking Ticket or Camera Violation Payment page. We know ads can be annoying, but they’re what allow us to make all of wikiHow available for free. By signing up you are agreeing to receive emails according to our privacy policy. How do I reverse a penalty on a camera moving violation? In many school zones, camera enforcement is the norm, which means all of the above tips for speed cameras apply. Support wikiHow by The camera took a picture of your car and your license plate, and now you're expected to pay several hundred dollars. The next thing you need to understand is what venue you are before. While you’re waiting for your hearing, research the law in your area to build a legal defense. You can obtain a referral to an attorney by contacting your appropriate county bar association. "I was going with the flow of traffic" - This statement will not … For the prosecution to rely on the photos, it must present evidence that the camera that took the photo, the system that connected it to the traffic light, and the traffic light itself were functioning properly. If you want, you can have witnesses testify on your behalf and you can be represented by an attorney. For example, you may have been making a legal right turn on red when the camera took the photo. For example, some states require clearly visible warning signs for cameras to be posted before a traffic light. Generally speaking, if this is your first offense and you are very kind and apologetic to the court and present your evidence clearly, the case may be dismissed. You check your mail to find a notification that a camera has caught you speeding, or running a red light. Thanks to all authors for creating a page that has been read 122,948 times. Plead ‘Guilty’ to the ticket and immediately pay the fines, fees, and surcharges that result from a plea of guilty. Most traffic courts in New York State (except NYC), require drivers who wish to fight their speeding ticket to attend a pretrial conference before taking the matter to court. There are also harsher penalties imposed upon motorists who are accused of driving too fast in a school zone. Click here for a sample Red Light Violation (NOL): (A new window will open.) Your license or registration may also be suspended or revoked entirely. To properly prepare your case, you first need to know … Only have someone testify if they have relevant, first-hand knowledge. Present Evidence that the Traffic Violation was a "Mistake of Fact" In most jurisdictions, the … It completely depends on the county this offense was committed in because they all have different procedures for dismissing tickets. Click here for a sample Bus Lane Camera Violation (NOL): (A new window will open.) Please help us continue to provide you with our trusted how-to guides and videos for free by whitelisting wikiHow on your ad blocker. Millions of speeding tickets from automatic cameras are invalid, lawsuit claims ... A new lawsuit alleges that millions of tickets automatically issued by New York City speed cameras … This article has been viewed 134,355 times. If you really can’t stand to see another ad again, then please consider supporting our work with a contribution to wikiHow. Some states recognize a necessity defense for speeding. Instead, say “I don’t know” or “I can’t remember.”. This also may be called a first appearance or a notice hearing, depending on your jurisdiction. You also should request full maintenance records for the camera and the traffic light or speed monitoring system to establish that they were regularly monitored and maintained. Going With the Flow of Traffic. Try to recreate the exact conditions by taking the photographs at the same time of day as when you were stopped. Also pay attention to where people sit and how they speak to each other and to the court personnel. This article has been viewed 134,355 times. What do I do? When you arrive at court, present your case, using any evidence to support your claim. Demand a Refund . 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