Remember that yellow light you screeched through a week ago? Well, actually, it was red – hence the ticket you just pulled out of your mailbox.
The Seattle Police Department and many other jurisdictions around Washington use cameras to enforce stopping at red lights for safety and to prevent accidents. These red light photographic devices work by triggering a camera as a vehicle passes over a sensor in the intersection when the light is red. The camera takes pictures of the driver and the vehicle’s front license plate. A citation is subsequently mailed to the vehicle’s registered owner after the police department verifies the photo of the driver against the driver’s license photo of the registered owner.
At this point, you have a couple of choices. If it wasn’t you driving, you can advise the court of that fact. You can pay the fine. Or you can try to get the red light camera ticket dismissed.
A driver who gets a red light camera ticket in Washington State has 15 days to choose from among these options.
How Much Is A Red Light Camera Ticket?
The fine for running a red light is a maximum of $48, plus various fees. However, depending on the circumstances, a red light camera violation could lead to a reckless driving or speeding conviction.
How Do I Dispute A Red Light Camera Ticket?
There are a few ways to fight a red light camera ticket. Let’s take a look at each of these in detail.
Filing A Declaration of Non-Responsibility
One of the very first things you should do when disputing a red light camera ticket is to obtain the photographs. In some jurisdictions, these photos are mailed to you with the citation. But in King County, you’re required to have the notice number and PIN provided on the ticket to access the videos and still photos of your incident online. When you see the pictures from the red light camera incident, check to see if the picture of the driver looks like you and whether the license plate number can be read clearly.
With this information, you can try to beat the red light camera ticket by proving that you weren’t driving the vehicle at the time of the ticket. To do this, you must submit a Declaration Of Non-Responsibility. This document is a sworn statement that says that your vehicle was stolen, you sold it before the date of the violation, or it was otherwise not in your custody or control at the time of the violation.
In Seattle and other municipalities, it is presumed that you were driving the vehicle at the time of the red light camera violation, so the burden’s on you to prove otherwise.
Requesting a Mitigation Hearing to Explain the Circumstances
Another option is to ask for a mitigation hearing.
If you request a mitigation hearing, you’ll be deemed to have committed the infraction. You don’t get to subpoena witnesses for this hearing.
The reason for requesting a mitigation hearing is that you agree you committed the infraction but think that the situation may be such that the court could reduce or waive the penalty. Know that the judge has the discretion to reduce your fine based on your explanation, the officer's report, and your prior traffic or criminal history, including any previous tickets you’ve received (even those that have been dismissed).
If the judge decides to reduce the penalty, be prepared for a small reduction. That’s because a large percentage of each fine must go to the State. The county only keeps a small portion of each fine.
Contesting the Red Light Camera Ticket at a Full Hearing
The most common way to try to get out of a red light camera ticket is to contest the infraction. This is where you can truly “fight” your ticket.
At a contested hearing, the government has to show by a preponderance of the evidence that you committed the infraction. At this hearing, you have the opportunity to subpoena witnesses, including the officer who issued the Notice of Infraction.
If you request a contested hearing, the court will also schedule a pre-hearing conference. This pre-hearing conference may be waived. To do so, you can use the form attached to the Notice of Hearing sent by the court.
This type of hearing is similar to a small trial, where a judge will hear motions and arguments from your attorney (or from you if you don’t hire a lawyer) and from the prosecuting attorney—if she attends. Some prosecutors opt not to appear at contested hearings. In either case, the parties will present testimony and any other evidence.
You’ll challenge the sufficiency of the report, subpoena the officer to appear at the hearing to testify or offer evidence on your behalf. You can choose to testify for yourself if you want. In some cases, the county or city’s prosecuting attorney will subpoena the officer who wrote the ticket to testify, but typically, they’ll just rely on the officer's report.
After hearing all of the evidence, the judge will make a finding as to the red light camera traffic infraction—whether you must pay the fine or successfully get out of the ticket.
Standard Red Light Ticket Defenses
There are several defenses that drivers will use to fight a red light camera ticket. Let’s look at each one in detail:
- Camera operation. Red light cameras are usually accurate, but there could be a malfunction with the red light camera that was used in your incident. A red light camera can be set off despite the driver not actually running the red light. A red light camera violation in Washington is typically proven when, at a red light, the driver fails to come to a complete stop before reaching the nearest of either a limit line, the crosswalk, or entering the intersection. At the hearing, the police officer or a prosecutor is required to provide evidence of how the device works and that it was working properly on the day your red light camera citation was issued. Also, the prosecutor must also present the camera’s photos showing the vehicle’s license plate and the driver, along with the driver’s license photo of the vehicle’s registered owner.
- No authentication of clear images. If the images are clear, you can consider mounting the following defense: if no employee from the company that maintains the red light camera device shows up to testify, you can object to the photos being admitted into evidence for lack of foundation. If the photographs are excluded, there is no evidence to convict you. On the other hand, if the judge allows the photos in evidence over this objection, you may later have grounds for an appeal if found guilty.
- Unclear images. If the photos are allowed into evidence but the images are not clear, you can consider challenging the photo’s clarity, arguing that the evidence isn’t convincing enough to convict you.
- Police direction or yielding to an emergency vehicle. You were told by a law enforcement officer to go through the red light. This can happen when an emergency vehicle is responding to a call but the roadway is blocked with cars. The police vehicle can’t get through, so the officer gets on his megaphone to tell those in front of him to proceed through the red light. The same is true if you must yield to an emergency vehicle which causes you to run a red light.
- Avoiding an accident. If you can show that you ran the light to avoid a serious accident or harm to others, you have a valid argument, and the judge may find that you’re not guilty. You acted out of “necessity” or for the public good, which may be a strong reason to find you not guilty.
- Inadequate signage. Washington has specific rules requiring signs to be posted at any intersection or zone where red light cameras are in operation. A possible defense is that the required signs weren’t posted at the intersection or that those that were posted failed to satisfy the legal requirements.
- Turning right on a red light. Provided there isn’t a sign specifically restricting it, Washington law allows a driver to make a right turn after stopping at a red light. You’ll have to show that you came to a complete stop—which may be difficult with still photos— and that you observed the right-of-way rules when negotiating the turn.
Deferral
Another option for disposing of a red light camera ticket is a deferral. Washington State lets you defer a moving violation and a non-moving violation once every seven years, but this is at the judge's discretion. A deferral allows the infraction will be dismissed at the end of the deferral period provided you meet the terms of the deferral. Every jurisdiction in Washington has its own deferral rules, so contact the court directly or check their website.
Takeaway
Red light camera tickets in Washington State are typically processed like parking tickets and will not appear on your state driving record. A red light camera won’t result in any issues with your license. There are no points assessed, and it won’t affect your insurance rates.
Hoping to fight your ticket? Good news: With just a few taps on our iOS or Android apps, or a click online (plus a quick photo of your ticket), we will connect you with a knowledgeable attorney in your region.
Ready to learn more? Let us know!
Image credit: Marco Verch CC BY 2.0
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