Camera Tickets

#AskaLawyer 007: How to Beat a Red Light Traffic Ticket

I love getting reader questions. They give me a great idea about what people really want to know about.

Today I received a question from Gigi in Lynnwood that I thought would be perfect for the show.

Gigi writes:

I received a ticket in the mail the other day from one of those red light traffic cameras. Only thing is, I wasn’t driving at the time. Any way I can get out of this ticket without having to tell the court who the driver actually was?

As a matter of fact Gigi, there is… you’ll have to watch the video to find out.

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Camera Tickets and the “I’m Not the Driver” Defense

In this episode of the Seattle Ticket Kings’ Podcast I talk about camera tickets and the “I’m Not the Driver” defense.

We all know the trouble the government is in today as it pertains to funding. They are looking for any way they can to extract more money from us, the regular citizen.

One of the ways they’ve decided to do this is erecting cameras all over the place to catch us doing things and fine us for them.

And beating those camera tickets is what this episode of the Seattle Ticket Kings’ Podcast is all about.

In this Episode I Talk About:

(more…)


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How Can I Fight a Camera Ticket if I Wasn’t Driving?

This is a phone call we get all the time but that I’ve never taken the opportunity to answer before.

Well, today is your lucky day. I’m going to tell you how to beat a camera ticket (red light or speeding) if you were not the driver of the car. It’s a lot easier than you think.

AND, you don’t even have to rat out the person that was driving!

The Law Behind the Camera Ticket

Before we get how to beat a camera speeding ticket or red light ticket, let’s talk about the law behind it.

Here are the two important parts you need to know.

RCW 46.63.170: Automated traffic safety cameras — Definition.

(f) The registered owner of a vehicle is responsible for an infraction under RCW 46.63.030(1)(d) unless the registered owner overcomes the presumption in RCW 46.63.075, or, in the case of a rental car business, satisfies the conditions under subsection (3) of this section. If appropriate under the circumstances, a renter identified under subsection (3)(a) of this section is responsible for an infraction.

RCW 46.63.075: Safety camera infractions — Presumption.

(1) In a traffic infraction case involving an infraction detected through the use of an automated traffic safety camera under RCW 46.63.170 or detected through the use of an automated school bus safety camera under RCW 46.63.180, proof that the particular vehicle described in the notice of traffic infraction was in violation of any such provision of RCW 46.63.170 and 46.63.180, together with proof that the person named in the notice of traffic infraction was at the time of the violation the registered owner of the vehicle, constitutes in evidence a prima facie presumption that the registered owner of the vehicle was the person in control of the vehicle at the point where, and for the time during which, the violation occurred.

(2) This presumption may be overcome only if the registered owner states, under oath, in a written statement to the court or in testimony before the court that the vehicle involved was, at the time, stolen or in the care, custody, or control of some person other than the registered owner.

How Can You Beat these Camera Tickets?

It’s actually quite easy, assuming you weren’t the driver of the car when the ticket was issued.

All you have to do is fill out this form and send it in with your ticket. Voila – you’re done!

Affidavit of Non-Responsibility

An Important Reminder About this Form

There is a space on the form to inform the court who the driver was.

YOU ARE UNDER NO OBLIGATION TO DIVULGE THE IDENTITY OF THE DRIVER.

The law only requires you to inform the court that you were not driving the car at the time the incident occurred (don’t believe me? Read the rules above).

This means you can beat a speeding ticket, and the driver of the car can too!


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