Photo radar
Photo radar is basically a computer system hooked up to
a radar speed gun, with a camera attached. What happens is when the radar
gun detects a certain speed the computer triggers the camera to take a
picture of the front and rear of the vehicle aiming at the license plate
and the driver. Afterwards, the citation is written up and mailed to the
driver at their registered address. Its all very neat and simple for the
law enforcement agency. However, it is extremely easy to beat this type
of ticket in court. Your easiest defense is to simply throw the ticket
away. If it does not come with a return receipt that requires a signature,
there is no proof that you actually got the ticket and they cannot prosecute
you on that. What the legal system wants you to do is just send in the
fine and not ask any questions. This can be a big money maker for some
communities.
One other form of defense to utilize on your behalf is the fact that
when you are accused in court you must be faced by your accuser. Obviously
the computer cannot appear in court as a defense method for the prosecution.
Also, you do not have to identify yourself as the driver of the vehicle
because it would violate your sixth amendment rights against self incrimination.
There are two ways to beat a photo radar unit, and basically make the
photos useless in a court of law. First, remove your front license plate.
At the worst you could get a minor repair ticket, which would be very
easily corrected. Or you could put a clear coat of paint over the license
plate. The coat allows you to read the license plate with the naked eye,
but causes an extremely high glare on the camera lens and therefore the
numbers underneath the glare are indistinguishable. Potential sources
of defeating the ticket are usually not needed simply because statistics
show that most of the radar photo pictures are not legible because either
the license number cannot be clearly read, or the make and/or model cannot
easily be determined, and the driver is obstructed and therefore cannot
be identified. The photo radar speeding ticket is one of the easiest to
defend against, most cities and states have abandoned the system all together.
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