Blog

Home / Traffic Tickets / Tricks To Avoid A Red Light Camera Ticket
14Feb

Tricks To Avoid A Red Light Camera Ticket

About the Author

Matthew Weiss

Matthew J. Weiss, Esq. graduated Hofstra Law School in 1984. He was Law Review and won the law school’s prestigious Procedure Award. Upon graduation, he became one of the first Hofstra Law School graduates to work at the New York State Court of Appeals (New York State’s highest court) working on various appellate matters.

Comments (173)

JOHN MACK - January 10, 2017 11:32 pm

Mr Weiss:
I realize you’re an attorney. But their “rationale” as you call it, “getting around” Constitutional Rights, doesn’t wash. Baloney is still baloney, no matter how you slice it. Kudos and other congratulatory offerings to our “lawmakers”, especially to our “judges”. Extortion here is clear. When you are forced to pay a fine, that is a penalty. Penalties ALWAYS mean GUILT. NOT paying a penalty is always associated with INNOCENCE. Again, it doesn’t wash. Any person has a basic God-given right, to defend his position, whenever the threat of fine or jail, is present. From your own mouth, you are telling me, it’s automatically GUILTY, with Red Light Traffic (parking) TICKETS. By the way, the RIGHT to TRAVEL is NOT
a privilege in ANY state—it is a RIGHT. The ONLY time it is a REGULATED PRIVILEGE is when it is a DRIVER FOR HIRE, TRANSPORTING GOODS, SERVICES BY VEHICLE FOR A LIVING. Check case law yourself, if you do not believe me. The term “Privilege’ as you stated it, can NOT be applied to a TRAVELER, for example, if indeed that operator was TRAVELING.
The State may think it justifies things, because PRIVILEGE either applies or does NOT apply, which is IRRELEVANT. Justice and rights, were not a shell game, to the framers of our Constitution. Now you see it, now you don’t. It goes like this:
1. You are accused of going through a red light.
2. The camera accuses you, NOT a person.
3. You either ran the red light, or you didn’t.
4. You are ordered to pay money.
5. You’re not allowed your Constitutional rights, because it doesn’t involve a privilege, because it’s considered a parking ticket. And you say it doesn’t matter who is driving. That is JUST LIKE SAYING it doesn’t matter who held the gun, in November 1963 in Dallax. It was YOUR gun—-so automatically YOU were the JFK shooter. THAT counselor is FLIM-FLAM. A SHELL GAME. It is IDENTICAL reasoning, that Boss Hogg and Sheriff Roscoe P Coletrane used in the TV show, “The Dukes of Hazzard”. They made it up, as they went along, You are an attorney, trained in logic and reasoning. I can NOT believe as an attorney that you go along with obviously contrived nonsense. And as if THAT is not enough,
you should know, the framers of the Constitution, hated Bills of Attainder, which are also known as Writs of Assistance. Our forefathers KNEW what injustice was. Bills of Attainder are mentioned//outlawed at least twice in the Constitution. Look it up yourself. The reason they outlawed these unjust “legal” papers, was, the Brittish soldiers, used them as GENERIC warrants. No name mentioned, no address, no charges. Just a fraudulent piece of paper, that said they could: 1. Enter. 2. Search. 3. Seize anything they wanted. 4. Not have to name anyone specifically. 5. Not have to have any charge listed. 6. Arrest//confiscate//jail anybody, anytime, with a generic piece of paper, that said they could do all of the above numbered actions. Well the red light ticket is a Bill of Attainder. No name of the guilty party. Just whoever is driving. will do. Let’s throw some names into a hat and draw one out, to see who is the one who will pay the fine. Like I said, the 6th Amendment, the 9th Amendment, extortion, flim-flam, and everything else I mentioned—-it’s ALL wrong. I have a lawyer in the family. I know the hogwash they fed him and ALL lawyers. And that was to ignore the Constitution. The SAME Constitution I might add, that police, judges, attorneys, and other govt servants, are SWORN TO UPHOLD. Anything less is Treason by Sedition. Benjamin Franklin, Thomas Jefferson, and all the rest, took penalties, fines, arrests, detainment, etc very seriously. That’s why the 4th Amendment, and all the rest. And the 9th says you don’t lose rights you used to have.

Reply
    Matthew Weiss - January 11, 2017 7:05 am

    John Mack,

    I posted your additional thoughts on this topic but I have nothing further to add to the discussion. Thanks for sharing your position on this topic.

    Matthew Weiss

John mack - January 10, 2017 9:32 pm

You need NOT be an attorney to know, that Red Light Tickets are Unconstitutional. You have the right to face your accuser. You have the right to cross examine that accuser.
Just because it’s your car/license plate, going through the intersection, it doesn’t mean YOU were driving. That’s JUST LIKE saying because you were in Dallas in 1963, that you were the grassy knoll shooter.
Police/make-believe judges/D.A.’s are so willing to throw away YOUR rights, because they’ve turned “justice” into a CASH COW. They forgot conveniently about the 6th Amendment, to face/cross examine your accuser, AND, the 9th Amendment, which guarantees what rights you always had, don’t just automatically get thrown out the window, because of new developments in technology (red light cameras). Rights you previously had, can NOT be taken away, regardless of how NOBLE the “reason”.

Reply
    Matthew Weiss - January 10, 2017 9:45 pm

    John Mack,

    Thanks for sharing your thoughts. The way that NY counties and cities get around the constitutional right to confront one’s accuser is by treating camera tickets as parking tickets. Because no privilege to drive is at stake with parking tickets and because it does not matter who is driving with parking and camera tickets, they avoid this constitutional protection.

    You, of course, won’t like it but that’s the rationale.

    Matthew Weiss

Loree - January 10, 2017 3:10 pm

Aren’t you suppose to have the right by law to face your accuser. This cannot be done with these tickets? How is that legal?

Reply
    Matthew Weiss - January 10, 2017 7:48 pm

    Loree,

    You are right! However, NY courts have still upheld these types of tickets.

    Matthew Weiss

Eric - January 4, 2017 7:14 pm

Hi, I was sent a ticket but wasn’t driving the car. There aren’t any pictures showing me driving the car. I am the owner but my insurance has 2 other drivers. I won’t be testifying. Do I have a case? From my knowledge, I would figure that they have to prove which one of the drivers was driving the car to charge anyone.

Reply
    Matthew Weiss - January 5, 2017 9:44 pm

    Eric,

    If you are the owner of the vehicle, then you are responsible for the red light camera ticket. Ownership is not required to be proven for such tickets.

    Matthew Weiss

Annette Maldonado - January 2, 2017 4:58 pm

Mr. Weiss,
I appreciate you responding, but I asked you what does the default judgement mean for a red light ticket if I choose not to pay it??? What harm can come of it??? It does not go on your record, nor do you get points, and the credit bureaus don’t condone it either!!!

Reply
    Matthew Weiss - January 3, 2017 10:47 am

    Annette Maldonado,

    If you ignore a NY red light ticket, they will enter a judgment against you and (contrary to your assertion) it will go on your record in New York (although not your driving record) could impair your credit rating.

    Matthew Weiss

Annette - January 2, 2017 6:33 am

Hello Mr. weiss,
I received a red light camera ticket in the mail. I watched the video and I disagree with this ticket because when I was making my left turn the light was green, the cars also making the left turn slowed down in front of me causing the camera to take a pic. Now I haven’t paid this ticket which was 50 +30=80. Since I haven’t paid it, they tacted on 25= 105. If I dnt pay the 105 by a certain date a default judgement will be entered by submission. What exactly does that mean, and I know that the credit bureaus do nothing about a red light ticket…against your credit!!! I truly believe it’s another way of making money off of us for whatever. Please help???

Reply
    Matthew Weiss - January 2, 2017 3:28 pm

    Annette,

    A default judgement means that the court finds you guilty solely due to your failure to respond. I am certainly NOT going to condone your plan of ignoring the ticket.

    Matthew Weiss

Mickey - November 29, 2016 10:14 am

Mr. Weiss, It was not a red light camera, it was a speed camera. In all the pictures as well as the video it did not show any intersection. The camera was mid block.

Reply
    Matthew Weiss - November 29, 2016 6:04 pm

    Mickey,

    I do not believe that this omission renders your speed camera ticket defective. Sorry.

    Matthew Weiss

Mickey - November 28, 2016 3:26 pm

Mr Weiss, I received a speed camera violation in Queens. The video sent to me via the violation court shows several pictures as well as a short video. In the video, my car enters the frame and about a second later two more cars enter (one behind me and one in the right lane). Is it possible I could contest the ticket because the camera could have caught the one or both of the other vehicles?

Reply
    Matthew Weiss - November 29, 2016 7:18 am

    Mickey,

    You haven’t provided the most important item of information … what color was the light when you entered the intersection. I suspect the photos and/or video show that it was red (despite the other nearby cars).

    Matthew Weiss

comkitdoc - November 27, 2016 10:20 am

About a few Block behine me a fire truck with his red light on coming toward me in Yonkers, N.Y., and I contiue to drove thur the red light but than the fire truck turn left before my block where I were, and I got the ticket in the mail. how could I fight this ticket since it did not go pass my block where I gone thur the red light carera.

Reply
    Matthew Weiss - November 27, 2016 11:04 am

    comkitdoc,

    I don’t think you will win unless you can prove that running the red light was necessary to allow the fire truck to pass.

    Matthew Weiss

stacy - November 1, 2016 6:01 am

Hi’ I crossed the intersecton or pedestrian lane last night while the light is still in yellow but I saw the camera in a box flashed. Do I receive a ticket? Im just parànoid.

Reply
    Matthew Weiss - November 3, 2016 12:04 am

    Stacy,

    If the light was yellow, then you will not be sent a red light camera ticket.

    Matthew Weiss

Chris - October 25, 2016 7:03 am

I received a red light cam ticket from yonkers at an intersection where i made a right on red. The pic shows me turning but musta triggered a ticket because i was moving at the wrong time. Suggestion?

Reply
    Matthew Weiss - October 26, 2016 7:41 pm

    Chris,

    My best guess is that you received this ticket because your car did not come to a full stop before making the right turn. If the video confirms this, then you likely will lose.

    Matthew Weiss

Joe - October 7, 2016 10:41 am

In at least 31 states you can ignore camera tickets, as their state AG’s have deals with the credit bureaus that cam tickets CANNOT hurt credit reports.

http://www.thenewspaper.com/news/49/4987.asp

Reply
    Matthew Weiss - October 8, 2016 10:52 am

    Joe,

    Interesting settlement. Thanks for sharing. I’m sure our readers will benefit from seeing this settlement.

    Matthew Weiss

Hei - October 6, 2016 2:53 pm

Hi,

My case is a bit special. This is a red light ticket, but what happened was that I initially turned into the wrong lane in opposite direction and stopped at the light. Then the police car honked.. Since it honked as soon as I stopped, I thought I shouldn’t be stopping and drove the car away. The police car then turned on the siren and pulled me over.

Shall I fight this ticket? There are a few things:
-I was at the wrong lane so there’re no lights on top the lane and therefore i was confused by all other surrounding lights.
-Since there’s no light for this lane, technically I didn’t cross any red light.
-If I fight is there any chance that I would be charged for turning into the wrong lane?

Thanks

Reply
    Matthew Weiss - October 6, 2016 7:49 pm

    Hei,

    In my opinion, there is nothing which you have written which suggests to me that you will win this case.

    Sorry.

    Matthew Weiss

Trish - September 30, 2016 9:51 am

If they’re going to have red light cameras then they need to DELAY the yellow light to give people time to stop so children and adults are not getting with whiplash or having accidents when they slam on their brakes

Reply
    Matthew Weiss - October 1, 2016 12:23 am

    Trish,

    Good point. Sadly, many intersections with red light cameras have “quick” yellow lights.

    Matthew Weiss

Benjamin Morris - September 29, 2016 3:53 pm

I got a red light camera ticket in a uhaul van and got the fun letter in the mail from the city. I live in New York, but have a GA driver’s license. If I is ignore this, what happens to me?

Reply
    Matthew Weiss - September 30, 2016 8:33 am

    Benjamin Morris,

    If you ignore it, you likely will get a judgment entered against you and this could impact your credit rating. You also likely will have civil liability to U-Haul if you do not pay it.

    Matthew Weiss

Precious - September 29, 2016 10:32 am

Mr. Weiss can you help me? I am getting red light camera tickets like crazy and I don’t know why? Ok so when I realize that I’m the yellow is about to turn red. I STOP and back up, I DO NOT AND DID NOT cross the red light at all so at that point, I take a picture of the red light along with the street name to show proof that I did not cross the red light. So far I have not gotten a ticket for those as yet but still getting a red light ticket for other others that I did not take a picture of. How do I get rid of these red light tickets? I’m thinking of a getting a cam to prove I am not crossing these red lights. I’m getting them especially on Kings hIghway in Brooklyn nY

Reply
    Matthew Weiss - September 30, 2016 8:35 am

    Precious,

    So sorry to hear about your misfortune. You cannot cross the intersection and then back up to avoid a ticket. You can watch the vidoes of these offenses to ensure that the tickets were correctly issued (in most cases they are).

    Matthew Weiss

josh - September 27, 2016 2:33 pm

Hi,

Is there any way to fight these tickets without having to go to court?

It looks like my car passed the line at the same time as the yellow light turned to red. Is this a good defense, slamming on the brakes with a child and pregnant person in the car would have been unsafe?

Reply
    Matthew Weiss - September 28, 2016 1:32 pm

    Josh,

    From what you right, I doubt that you’ll beat this case in-person or via mail.

    Matthew Weiss

1 2 3 4

Leave a Comment

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>