Nobody enjoys getting a NY red light ticket, whether it’s from a camera or a police officer. When you get such a ticket, you have two choices: you can simply pay the fine and be done with it, possibly adding points to your driving record. Or you can take it to court and hope to get it dismissed. If you choose the latter, then there are some things you should know.
1. Challenge the police officer’s view of the intersection. During a red light traffic stop make a note of where the officer was sitting before pulling you over. If you can show the court that the officer’s view of the intersection was obstructed in any way, you can argue that the officer made a mistake. To prove the view was obstructed you’ll need to take pictures of the intersection from the officer’s point-of-view to show the court.
2. Ask for a deferral or dismissal. A deferral means that if you don’t commit any further traffic violations for the next six months, then the ticket will be dropped from your record. A dismissal means the ticket is dropped. Having a clean driving record will make it easier to argue for a deferral or dismissal with the prosecuting attorney.
3. Your view of the light was obstructed. If there was a large 18-wheeler in front of you or your view was obstructed by trees, then you can argue that you never saw that the light was about to turn red. For this defense to be successful, you’ll need to take pictures or video of the intersection to show the driver’s obstructed view.
4. You were trying to avoid an accident or there were hazardous road conditions. In some circumstances, running a red light might be necessary to avoid a potentially major accident. Or sometimes the road conditions are so hazardous that you had to run the red light. This defense is tough because the prosecuting attorney will argue you should’ve adjusted your driving to the road conditions.
Red Light Cameras
Getting a NY red light camera ticket is a different story. Most jurisdictions don’t let you question the validity or timing of the picture. However, if the picture is blurry or somehow the car is obstructed, you can argue that it’s not your car. Further, tickets will go to the registered owner of the vehicle. If you can prove that you weren’t driving, your ticket will be dropped. To prove this you’ll need a strong alibi.
An Attorney Can Help You Fight Red Camera Tickets
When in doubt, it’s always best to hire an attorney, like the lawyers at the Law Office of James Lynch and Associates with office located in Poughkeepsie, New York, to help you fight your ticket. They’ll know how to properly argue your case in court, and if they can’t get the ticket dismissed, at least lower your fine.