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  1. #1
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    Default Using Camera-Generated Speeding Photos As a Defense

    Although the story comes from Maryland, this defense has potential in any jurisdiction in which the red light camera takes more than one photograph of a vehicle alleged to be speeding:
    Quote Quoting Speeding Photo Ticket Defense
    For each ticket, Mr. Foreman digitally superimposed the two photos - taken 0.363 seconds apart from a stationary point, according to an Optotraffic time stamp - creating a single photo with two images of the vehicle.

    Using the vehicle’s length as a frame of reference, Mr. Foreman then measured its distance traveled in the elapsed time, allowing him to calculate the vehicle’s speed. In every case, he said, the vehicle was not traveling fast enough to get a ticket.
    The private company that operates the camera responds,
    Quote Quoting Speeding Camera Ticket Photos are Not a Record
    Optotraffic representatives said the photos are not intended to capture the actual act of speeding, and are taken nearly 50 feet down the road from sensors as a way to prove the vehicle was on the road.
    Still, you can see why a court would find reasonable doubt.

  2. #2
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    Default Re: Using Camera-Generated Speeding Photos As a Defense

    I expect that this would require a legislative fix (the legislature creating a presumption) or the prosecutor's bringing an appropriate witness from the private company into court to explain why the speed on the photos doesn't actually reflect the speed of the vehicle depicted and, if not, how it's evidence that the vehicle was speeding.

  3. #3
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    Default Re: Using Camera-Generated Speeding Photos As a Defense

    Don't know if that defense would work too well in WA. The camera violations I've seen have shown one photo, and then an enlargement of the license plate in the one photo. So you can't really super-impose them like Foreman did. I could be wrong, however.

    In response to KIA: Out of curiosity, isn't there a law in CA that states the sign must be posted after or at a certain distance? I don't know of one in WA, but I'm sure there is. So, you could argue that the speed was taken below the distance required... I don't know, just formulating an idea here.

  4. #4
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    Default Re: Using Camera-Generated Speeding Photos As a Defense

    The link shows it was a WA case ... BONED by their own evidence, sweet. Its hard for the state to say otherwise ... ya can't argue with math.

    Loving this one!

  5. #5
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    Default Re: Using Camera-Generated Speeding Photos As a Defense

    It may be that even in a state that only sends you a single photograph, other photographs might have been taken and might be made available with some additional effort.

  6. #6
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    Default Re: Using Camera-Generated Speeding Photos As a Defense

    Quote Quoting BrendanjKeegan
    View Post
    In response to KIA: Out of curiosity, isn't there a law in CA that states the sign must be posted after or at a certain distance? I don't know of one in WA, but I'm sure there is. So, you could argue that the speed was taken below the distance required...
    Speed cameras aren't allowed in CA. Only red light cameras, and while signs for RLCs must be posted (either upon approach from all traffic directions or at all major entrances to the city) distance is not an issue with RLCs.

  7. #7
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    Default Re: Using Camera-Generated Speeding Photos As a Defense

    Interestingly, I've read (and experienced) a red light camera that measures your speed approaching an intersetion to make an estimate of the odds you WILL run the light and then trips the cameras/flash to catch the act.

    (IN my case they had not calculated the stopping power on a 996TT....some was looking at a photo of a stopped car and me with my hands up saying "WTF??")

    Could you not photoshop the car positions to whatever they need to be? Who verifies the photo authenticity?

  8. #8
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    Default Re: Using Camera-Generated Speeding Photos As a Defense

    The photos, as previously indicated, come from the company operating the cameras. You would be pretty foolish to commit perjury and a fraud on the court to try to beat a traffic ticket, especially when your defense is likely to trigger prosecutorial scrutiny.

  9. #9
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    California
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    Default Re: Using Camera-Generated Speeding Photos As a Defense

    Quote Quoting adam_
    View Post
    Interestingly, I've read (and experienced) a red light camera that measures your speed approaching an intersetion to make an estimate of the odds you WILL run the light and then trips the cameras/flash to catch the act.
    Any links on this type of red light photo camera? The only red light photo enforcement cameras I've dealt with utilize inductive vehicle detectors. These detectors can tell when a vehicle crosses over them. They don't determine the speed of the vehicle to calculate whether or not a vehicle can stop in time. As long as all of the inductive detectors are functioning and placed properly, the red light photo camera shouldn't go off unless a vehicle leaves the detection zone after the red light has come on.

    The camera can go off if you stop too late and go past the inductive detectors into the crosswalk.

  10. #10
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    Default Re: Using Camera-Generated Speeding Photos As a Defense

    Quote Quoting adam_
    View Post

    Could you not photoshop the car positions to whatever they need to be? Who verifies the photo authenticity?
    The gentleman in the posted link did not "create" a photo , he mearly combined 2 photos into one. Its an easy task to accomplish, I have a photo compiler program for my astronomical picture taking where I take multiple pictures and combine them to get a more clear, crisp picture of my target.

    If I only used 2 photos, I would have obtained exactly what the linked picture looks like.

    If you had a picture of you stopped like you said then you have the evidence needed to win.

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