Posted: 9/21/2024 12:14:39 AM EDT
[Last Edit: Sulley][Edited]
|
BLUF: someone driving one of my vehicles was allegedly speeding in an area with a camera enforcement device. I received a ‘civil’ speeding citation in the mail, in my name. Citation paperwork states the state statute referencing camera speeding citations yadda yadda. The paper citation and the state law says to mail in proof I was not operating the vehicle in order to show it was not me driving during the incident. I provided paperwork, and a notarized statement, from the military installation I am stationed at, showing the date/time I scanned my CAC to enter the base. The incident and me scanning my CAC to enter were FOUR MINUTES apart. Mind you, the speeding vitiating location is in a different county, easily a 40 minute drive away. The payment center stated that is not enough proof. Now I have a court date. I am being told by the Sheriffs Office and the third party payment center I have to submit in writing who was driving the vehicle. The issue I have with this is the citation paperwork nor the state law say anything about doing that. They both just state I must show evidence I was not operating the vehicle at the incident. I did just that and am told it’s not enough. Do I have a leg to argue this in court? The penalty of admitting guilt is $100 and no points on the license. This is merely a civil issue. |
|
Following your other thread, but you've already made contact so you're going to have to finish it one way or another I'm in Ohio. In Minecraft: My daughter has had "speed camera" citations from all over Ohio mailed to my house or her mom's house for the past 8 years (depends on which address they used, car registration or license . Every single one gets tossed in the trash without opening. How can they prove she got it if she wasn't served in person? I have renewed her plates every year and she renewed her license when she turned 21. I got two in one day from Cleveland from the same intersection for 31 in a 25. That was before my son was born. He's about to turn 18. I threw those in the trash. Still no issues renewing plates or license. I got an EZ PASS thing for our turnpike and it works in PA and NY. I don't think it worked in Ontario. I didn't see any deductions. I'm waiting for Canada to send me a bill. I'll gladly pay their tolls because it saved us lots of time. |
|
Originally Posted By AJE: Print the relevant section of the law off, and submit your proof. As far as who was driving, you aren't being paid to be their investigator. I did exactly that and was told it wasn’t enough. Now I have a court date. You would think a document showing the date/time I enter ed a military installation gate, with a scanned military ID card, with the document having a photo of me and my name on it would have been enough. Not even including the notarized statement from me detailing when/where I was, with factual evidence, showing it wasn’t me. The document showed I scanned in 4 minutes apart from the incident and getting on post. Mind you, post is in a different county, easily 40 minutes apart. Nope. |
|
Send an email to the district attorney that will prosecute the case with the proof you submitted that it couldn't of been you and they will dismiss it. Or, you can go to court with the info you already submitted and the judge will dismiss it. You could also take it further, the traffic camera manufacturer is supposed to appear at court regarding traffic tickets. A representative from the camera company is there to testify whether the camera was working properly and when it was last maintained. If no one shows up to represent the camera company, you can argue that no one is there to verify whether the picture is accurate. Either way, your ticket will be dismissed. |
|
Originally Posted By Mindfull: ... You can try arguing that the photograph is hearsay and is therefore inadmissible under the Sixth Amendment. It is hearsay because you cannot cross examine the photograph or the camera. The Sixth Amendment gives defendants the right to confront their accuser. Hearsay is not admissible in a criminal court. This is a civil matter. Its absolutely admissible in civil court proceedings... |