How to fight a videotaped stop sign violation ticket?

Question

A few weeks ago I received a ticket in the mail for apparently not coming to a complete stop at a stop sign. I had not been stopped by an officer but rather had been captured on videotape. It really creeped me out, especially given that the stop sign is not at a busy intersection nor had I any clue I was being videotaped.

I want to fight it because I think that, with the exception of times when it's necessary to protect lives (like at busy intersections where people run red lights) I think covertly filming people is wrong and an invasion of privacy.

What would be the best way to fight this?

Thanks to all who responded. A couple of things to offer here:

#1 - I didn't run the stop sign. Rather my wheels just didn't come to a complete stop. Anybody else guilty of this before. We all are. I'm a very conscientious driver in general.

#2 - A world in which we can be filmed on video anytime we're in public and sent tickets/violations for things we do wrong is kind of a scary world to me (anyone read 1984?). Did you go two miles an hour over the speed limit today? Here's your ticket in the mail two weeks later. Forget to signal that lane change? Here's another one.

My point here is that at least 95% of us likely committed at least one moving violation on the way to work today and if we can start receiving tickets after the fact for doing these things that's pretty nuts... Just MHO of course.

Answer 1

you will not win this, don't waste your time.

Answer 2

Video tapes don't lie. So you wouldn't stand a chance fighting it. If your only argument is invasion of privacy which could have possibly allowed you to get away with it otherwise, then you have no case. Besides, how is it an invasion of privacy if the stop sign is owned by the city on a public street? If they planted the camera to catch people running the stop sign, then there was some sort of legal process they had to go through to be approved to do this. I would just pay the fine. It would be a lot cheaper in the long run. But don't let me stop your stubborness if you want to learn the hard way.

Answer 3

Some states are finding the "camera cop" to be unconstitutional because they only take a picture of the license plate and not the actual driver. So when a picture is taken it is sent to the owner the car is registered to along with the fine. The argument is that the car could have been driven by someone else. There are still plenty of states that are still using them but it varies from state to state. Unfortunately you probably can't really do anything about it other than pay the fine unless you have a really good lawyer or can get involved in a class action lawsuit. Good luck.

Answer 4

First, request a copy of the tape, and ask if there was indication that surveillance cameras were being used at that intersection. Under the laws of disclosure, they have to provide you with any evidence that they plan to use against you. If they fail to provide the tape prior to court (assuming you’ve given them reasonable time to respond) you can request a dismissal. If they say that there were no notices of video taping, you should check the local laws, but most towns and cities have surveillance and privacy laws that prohibit taping without notifying the people being taped. Then ask that the evidence against you be shown in court. They may not have the ability to show the tape - if they don't, as for an immediate dismissal.

If they show the tape, ask the "officer" who issued the ticket if he uses judgment when issuing tickets when he is in his patrol car, or if he stops every driver who breaks the law, regardless of the circumstances. If he says that he stops every driver, then you can ask him to tell you what he would do if he were to pull out of the parking lot at the courthouse behind a fellow officer and determine that the fellow officer was exceeding the posted speed limit by one mile per hour.

If he says that he uses judgment, then review the tape and ask if he used judgment in this situation. Ask how many other vehicles were present, and if there was a danger to yourself or others as a direct or indirect result of your actions. If there are other cars there, you will not have an argument. If there are not, then you can bring his judgment into play. If you can prove that this officer uses judgment in other situations, but is holding you to the letter of the law, then you can argue that the officer engaged in discriminatory and inconsistent behavior when issuing you the ticket. Make sure that you stress that there was no danger, either to yourself or others, due to the actions, and that because the officer admitted to exercising judgment in his enforcement of the law he is either indicating that enforcement itself is subject to the severity and potential for harm caused by the infraction, or that he is derelict in his duty as an officer. If the law is black and white, and enforcement is required to the letter of the law, then his admitted use of judgment while performing his job duties would constitute dereliction of duty, and would be illegal. If it is expected that an officer use judgment in the daily enforcement of the law, then the burden of proof would shift to the officer to convince the court that your action was a threat to public safety.

Good luck!

Answer 5

If you decide to fight it, ask to be shown the video the officer claims shows you running the stop. If such a video exists, they are legally required to show it to the court upon your request, because that video is public property. If there is no video, sadly, the case is a matter of your word against his...and not to disappoint you too much, but more often than not, it's the police officer's word that gets more credit in court. Your best defense is to get ahold of that video!!

Answer 6

Aren't you on a public street. I think it is not an invasion of privacy because you are doing the act in PUBLIC not in your own home. Next time just make the complete stop what exactly hurts you from actually stopping at a stop sign.

Answer 7

I think most peoples comments on this one are wrong. You could certainly fight it and most likely win. "Face your accusser" and such but the problem is , from a $$ stand point its not worth it. You would end up paying 100x more to go to a real court and fight it then to just pay the $50 .

I know in NY , you have to file court papers ~ $200 cost . So why would I pay $200 to not pay $50. Perhaps for the principle of it but...

Answer 8

Sorry Charlie--guilty as CHARGED.... whether caught on a video tape or by JOHN Q COP himself!!!! it's legal and here and we all have to live with it.... Ever notice those little "cameras" placed along highways and under bridges? well they TOO can be used as evidence of wrong doing... oh and those lovely EZPASS things we have in NY STATE can be used to give speeding tickets as well..... HOW? you stop at a toll booth and your EZPASS number is read by a scanner and put into a computer at point A..... you go to point B, your EZPASS is read and scanned again at your ending point to know how much to take out of your account for the trip... it ALSO registeres the TIME it took you to make the trip (beginning time recorded and ending time recorded)... SO, if it's a 65 mile trip and you made it in LESS then 65 MINUTES, the computer will know you were speeding and can figure out just HOW fast you were speeding by the time it took you to get from point A to point B... and voila, instant ticket mailed to you for SPEEDING.... so be ware!!!!!! and it's all PERFECTLY legal----BIG BROTHER IS SPREADING HIS WATCHFUL WINGS!!!

Oh and by the way----when you SEE a STOP SIGN, it actually DOES MEAN STOP- - - it does not mean SLOW DOWN, it does NOT mean creep through after you've looked---it means STOP which means come to a FULL STOP and then go when it is safe to go.....

Why do people THUMBS down someone who states ONLY FACTS???? don't like the facts? MOVE to another country..

Answer 9

Stop at stop signs.
This isn't "invasion of privacy", you were on a public road. You just wanna excuse to get out of your ticket.

Answer 10

Anyway you fight it you are going to lose. Right or wrong it cannot be optional for you to decide whether or not you want to obey signs and your idea that you should have been allowed to do it if no one saw it is ridiculous.

Answer 11

A) you are out in public and you have no expectation of privacy. You want privacy, stay home.

B) you broke the law and you endangered yourself and others around you. Take responsibility and pay up. They wouldn't put up a camera unless there was an on-going problem.

You represent what is wrong with the U.S. "It's not my fault, you can't catch me that way, how do I weasel out of this, I'll sue everyone in a 1,000 mile radius and make them take responsibility."