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  1. #1
    Join Date
    May 2011
    Posts
    2

    Default Automated Traffic Camera Ticket

    My question involves a speeding ticket from the State of: WA, Federal way.
    RCW 46.61.440

    I recently received a ticket for a vehicle I own and in the Officers report, It states "Based upon my review of photographs and a video recording made by an automated traffic camera, I have probable cause to believe and do believe that on the date and at the time and location indicated above, THE OPERATOR of the vehicle described above was in violation of RCW 46.61.440."

    "I certify under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct."

    Since his certification is incorrect that I drove the vehicle and I have proof that I did not commit this infraction, since I was at work with valid pay stubs in another city. Can I contest this ticket and possibly win?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Rcw 46.61.440 Not the Driver

    How is the officer's statement in any way incorrect? It was a different car? The car was driving itself?

    If you're not the person shown in the photograph, you can of course document that fact.

  3. #3
    Join Date
    May 2011
    Posts
    2

    Default Re: Automated Traffic Camera Ticket

    the fact that he stated that I was the driver, that I committed the infraction, Which is incorrect. Would that be enough to overcome this ticket? They must prove by a preponderance that I drove the vehicle. While I have fact that I was not operating the vehicle. Since a time clock at work in another city is proof. Sure the car didn't drive itself but they can't prove who drove it.

    The vehicle is registered to my name, however someone else was driving the vehicle at the time. I may have been unclear about that fact.

  4. #4
    Join Date
    Apr 2010
    Posts
    238

    Default Re: Automated Traffic Camera Ticket

    In Washington they do not photograph the operator of the vehicle, only the rear license plate.

    You will need to attest that you were not the vehicle operator at the time the photo was snapped.

  5. #5
    Join Date
    Mar 2010
    Location
    Snohomish, WA
    Posts
    1,588

    Default Re: Automated Traffic Camera Ticket

    The time clock isn't proof of anything. Someone else could have punched in/out on your behalf. That aside, you will need to submit a sworn statement (signed under penalty of perjury - carries a felony charge if you are convicted of lying) to the court that you were not the driver of the vehicle at the time the infraction was issued, and the court will dismiss the infraction. Also, you are not required by law to identify the actual driver even if they ask. You were not present at the time of the infraction, so you cannot factually attest WHO was driving. It would be hearsay.

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