Mayor Bill de Blasio wants to make New York’s roads a bit safer for pedestrians. Excellent. Nothing wrong that. But his vision zero approach which includes lots more of those intrusive revenue generating red light cameras that spy on drivers as they pass intersections…ah, no. That does not make us happy at all. In the state of New York, red light traffic tickets are akin to parking tickets, so regardless of who committed the crime, the citation is sent to the registered owner of the car. Not the best way to crack down on reckless drivers exactly.

[Above - Mayor Bill Diblasio caught jaywalking while on his cell]

 Although camera tickets do not come along with the hefty fine and points associated with an officer served ticket, they can still be quite expensive, affect insurance rates, and incur surcharges, so they are certainly worth fighting for.  A New York City traffic ticket lawyer can help put together one of the following defenses:

1. Challenge the camera

There are instances when the pictures are unclear, causing the ticketing agency to obtain wrong license plate numbers. So, you can evade the fine by proving that the vehicle in the photo is not yours, or the light was not red, or claim that the photo does not imply that the traffic light was operating properly.

2. Argue that you were justified or were trying to avoid harm

Since the case will be presented in front of a judge, you will be able to provide evidence to support your action, though this will require you to admit to the offense. Considering the large number of red light violations, you may be able to provide evidence that justifies your particular offense. For instance, a reckless driver may have forced you to drive in a lane controlled by a red-signal (1116-(d)).

3. Provide evidence that the violation was a situational mistake (mistake of fact)

There are instances when a judge will toss out your ticket if you can prove that there was inadequate response time. For instance, your visibility may be obstructed by a large vehicle, giving you inadequate notice to stop at the red light signal. Basically, there are many things that could obscure your line of vision, allowing you to justify the violation.

4. Make the constitutional argument

You can claim that the use of monitoring equipment is a violation of your due process right, since it exerts burden of proof on you – the accused. The Sixth Amendment right to confrontation allows you to confront your accuser – the witness who maintains the system and records associated with the camera. If no witness shows up, the case can be dismissed.

[Zev Goldstein - The Law Office of Zev Goldstein PLLC | 845-371-8457]