Fighting a Photo Radar Speeding Ticket
You walk up to your mailbox, open the box, and you pull out something from the city.
It is a Photo Radar speeding ticket and you have been “caught” speeding by one of those pesky photo radar machines on the highway! Boo!
You have a couple legal options here.
You could pay the ticket. They “have” you. You were “caught”. If you believe you violated a law, paying the ticket is probably the right thing to do.
But do you really have to pay the ticket? Were you really in the wrong even though the camera “got” you?
NOTE: If you’ve received a photo radar ticket and you don’t believe you should pay it, ask an attorney what right you have in your specific case. Click here for a free legal consultation by a lawyer near you.
Photo Radar Ticket Scenario: Did This Happen to You?
I let my friend borrow my car for an errand she had to run. The car is registered in my name.
A few weeks later, we received a letter from the city with a picture of my friend driving my car. The letter said he was speeding- going 75 in a 65 mph zone.
I went to court and told them that, yes, that is my car, but that is not me driving.
I gave them all of my friend’s information and we are still waiting for the letter with the correct information. Hopefully I’ll get out of this mess.
However, I do wonder if my friend can beat this photo radar ticket?
Can You Beat a Radar Speeding Ticket if You Were “Caught” on Camera?
First of all, that ticket probably should have been thrown out and pretended that you never have gotten it because it was not you driving.
But since you gave them all the information on your friend, be prepared for her to get a ticket in the mail.
The thing about a Photo Radar Speeding Ticket is that, in most cities, the city has 120 days to get it hand delivered to the person driving in person before you can contest it and it is no longer valid.
The reason that it has to be hand delivered is because anyone can tamper with the mail and put in names that don’t belong.
That is why the 120 days from the flash of the camera, they have that time to get all the paperwork and get it to the person in the picture.
It is never right to escape the law, but in the case of photo radar, this has been under scrutiny since day one of its creation.
A police officer is supposed to give tickets, not machines.
But your friend has the 120 days. Tell her: “Don’t answer your door. Don’t talk to strangers. You might want to keep low for a while.” This way you will be able to get the ticket thrown out. That is going to be the hard part.
But other than that, there are other ways that you can get out of it.
You don’t need to be intimidated by the city courts. It is their laws that offer the loophole.
In these times it is often that a public servant is not going to come up to your door and self serve you the ticket. And if they do, you simply can answer the door for your friend and say that she is not there.
Recap: What to Do If You Get an Auto Radar Ticket for Speeding
They know the law and know that they have to give it to the person on the ticket, not you. So to recap on it, you need to:
- Make sure that the ticket is real – Often time criminals try to give you tickets and ask you to give them money to make it “go away”. Use your common sense and tell them to get off your property. If they don’t ask you for money just tell them that the person involved is not there and that you are not signing the ticket
- Ignore that you got it in the mail – You are going to have to toss out every notice for the ticket of your son that you are going to get in the mail. This way, the city is going to have to send someone out to you. The city probably won’t tell you about the 120 days, which is unfortunate. But that is how the system is sometimes.
- Don’t panic – There are many ways to get out of a ticket like this. You don’t need to panic over it and just wait out the days until it can be thrown out. Don’t go up to the courts and demand that it be thrown out, this will only tell them that you got the first ticket.
Hope this helps you and gives you a chance to get out of it.
This is in no way telling you that you should escape the law when you get in trouble, but simply giving you tips to help you beat something that everyone wants to be banned.