Red Light Camera Ticket
#31


Join Date: Nov 2006
Location: MEL
Programs: DL, QF, QR Silver, Bonvoy Lifetime Gold
Posts: 7,315
Instead, what do I get in the mail? A big envelope from Avis claiming I DAMAGED the car, complete with repair estimates, photos of the damage to the front bumper of the car, and a demand for payment for the repairs and loss of use.
[...]
If its not one thing, its another I guess.
[...]
If its not one thing, its another I guess.
You're welcome.
#32


Join Date: Aug 2002
Location: PDX
Programs: HHonors Gold since '02, Hertz President's Circle since '07
Posts: 3,228
Some $0.02 on each issue (not worth much, maybe a penny for each issue):
a) The bogus damage claim: I've rented 100s of times with Hertz and never had this problem except once, in California. Anecdotal evidence suggests to me that California has more of a problem with this type of stuff. And some parts of Europe.
b) The photo ticket: Mine was photo radar. I was speeding. Fast.
Hertz didn't pay the ticket, but they did give the law my information, and 18 months later I was mailed a blurry photograph that would never hold up in court.
At court I approached the officer (acting as state's attorney) and told him I was going to ask for the charges to be dismissed based on the quality of the photo.
He said, "I wish they wouldn't send out those poor quality scans," and proceeded to show me a very clear photo of yours truly.
I immediately realized and admitted I didn't have a case. He appreciated my forthrightness and we started discussing photo radar technology (the older systems are 35mm that get scanned, poorly as in my case, the new systems are all digital).
He then offered to reduce the ticket to the minimum allowed by law. I accepted. The judge seemed a bit stunned, and said, "Mr. Rut Dog, you drive a good bargain." A $500 fine was reduced to $100.
I was just honest, reasonable, and friendly. It can go a long way in court.
a) The bogus damage claim: I've rented 100s of times with Hertz and never had this problem except once, in California. Anecdotal evidence suggests to me that California has more of a problem with this type of stuff. And some parts of Europe.
b) The photo ticket: Mine was photo radar. I was speeding. Fast.
Hertz didn't pay the ticket, but they did give the law my information, and 18 months later I was mailed a blurry photograph that would never hold up in court.
At court I approached the officer (acting as state's attorney) and told him I was going to ask for the charges to be dismissed based on the quality of the photo.
He said, "I wish they wouldn't send out those poor quality scans," and proceeded to show me a very clear photo of yours truly.
I immediately realized and admitted I didn't have a case. He appreciated my forthrightness and we started discussing photo radar technology (the older systems are 35mm that get scanned, poorly as in my case, the new systems are all digital).
He then offered to reduce the ticket to the minimum allowed by law. I accepted. The judge seemed a bit stunned, and said, "Mr. Rut Dog, you drive a good bargain." A $500 fine was reduced to $100.
I was just honest, reasonable, and friendly. It can go a long way in court.
#34
Moderator: Travel Safety/Security, Travel Tools, California, Los Angeles; FlyerTalk Evangelist




Join Date: Dec 2009
Location: LAX
Programs: oneword Emerald
Posts: 24,796
At court I approached the officer (acting as state's attorney) and told him I was going to ask for the charges to be dismissed based on the quality of the photo.
He said, "I wish they wouldn't send out those poor quality scans," and proceeded to show me a very clear photo of yours truly.
I immediately realized and admitted I didn't have a case.
He said, "I wish they wouldn't send out those poor quality scans," and proceeded to show me a very clear photo of yours truly.
I immediately realized and admitted I didn't have a case.
You may want to read the following California Court of Appeals case:
#35


Join Date: Aug 2002
Location: PDX
Programs: HHonors Gold since '02, Hertz President's Circle since '07
Posts: 3,228
You had an excellent case. The photo was hearsay and the cop was not competent to lay a foundation to have it admitted in evidence.
You may want to read the following California Court of Appeals case:
You may want to read the following California Court of Appeals case:
Officer Butkus was not employed by Redflex nor was he its custodian of records; he did not perform the maintenance or calibration of the machines himself; he was not present when the calibration was performed; he did not inspect the photo enforcement unit in this case; he was not present when the inspection was supposed to have taken place; it was not part of his job duties to inspect or to calibrate the photo enforcement unit; he did not take the photos or video in the case and was not present when they were taken;
My conversation with the officer in my case made clear quite the opposite. He was happy to describe, at length, how he set up the portable unit, posted a sign, calibrated the camera, etc, etc. It was all rather interesting.
#36
Join Date: Jun 2007
Location: FLL
Programs: Delta GM, (fmr US CP/PP/GP!), DL SkyClub, Marriott Lifetime Platinum, Avis Chairman's Club
Posts: 5,162
I'm no lawyer, but skimming this case it is clear that the hearsay argument is based on the police officer having no direct involvement with the camera.
Officer Butkus was not employed by Redflex nor was he its custodian of records; he did not perform the maintenance or calibration of the machines himself; he was not present when the calibration was performed; he did not inspect the photo enforcement unit in this case; he was not present when the inspection was supposed to have taken place; it was not part of his job duties to inspect or to calibrate the photo enforcement unit; he did not take the photos or video in the case and was not present when they were taken;
My conversation with the officer in my case made clear quite the opposite. He was happy to describe, at length, how he set up the portable unit, posted a sign, calibrated the camera, etc, etc. It was all rather interesting.
#37




Join Date: Oct 2007
Location: BOS
Programs: UA MM
Posts: 1,608
I got a speed cam ticket from Pima County, AZ (Tucson) in the mail today. I do recall the flash so I was not surprised (I did not think I was driving too fast under the conditions but never mind that). I also got, today, a notice from Hertz that included a bill for $30 default is they charge my cc. The traffic enforcement company (this is contracted out) finds Hertz as the owner of the vehicle (even though it had Washington State plates), Hertz gives them my ID, and probably all the driver license info too, and charges me $30. OK, not worth arguing about.
The ticket, though is $236 for 11 mph over the limit, which is pretty hefty. I live on the east coast. It is my understanding from what I've read on the web (I know, worth what I paid for it) is that there will be no follow up on the ticket unless I am served by a process server, or I waive my rights for service by signing the form and sending them the dough.
I'm wondering if they will try to serve me as I'm out of state.
I'm also wondering if I pay the fine, if it will show up on my driving record here, and result in an insurance surcharge. I did not think this info would cross state lines, and it did not years ago when I got my last speeding ticket, in Utah, but again stuff I read on the web suggests this info is now shared.
Anyone have any experiences with this?
The ticket, though is $236 for 11 mph over the limit, which is pretty hefty. I live on the east coast. It is my understanding from what I've read on the web (I know, worth what I paid for it) is that there will be no follow up on the ticket unless I am served by a process server, or I waive my rights for service by signing the form and sending them the dough.
I'm wondering if they will try to serve me as I'm out of state.
I'm also wondering if I pay the fine, if it will show up on my driving record here, and result in an insurance surcharge. I did not think this info would cross state lines, and it did not years ago when I got my last speeding ticket, in Utah, but again stuff I read on the web suggests this info is now shared.
Anyone have any experiences with this?
#38
Join Date: Jun 2007
Location: FLL
Programs: Delta GM, (fmr US CP/PP/GP!), DL SkyClub, Marriott Lifetime Platinum, Avis Chairman's Club
Posts: 5,162
I got a speed cam ticket from Pima County, AZ (Tucson) in the mail today. I do recall the flash so I was not surprised (I did not think I was driving too fast under the conditions but never mind that). I also got, today, a notice from Hertz that included a bill for $30 default is they charge my cc. The traffic enforcement company (this is contracted out) finds Hertz as the owner of the vehicle (even though it had Washington State plates), Hertz gives them my ID, and probably all the driver license info too, and charges me $30. OK, not worth arguing about.
The ticket, though is $236 for 11 mph over the limit, which is pretty hefty. I live on the east coast. It is my understanding from what I've read on the web (I know, worth what I paid for it) is that there will be no follow up on the ticket unless I am served by a process server, or I waive my rights for service by signing the form and sending them the dough.
I'm wondering if they will try to serve me as I'm out of state.
I'm also wondering if I pay the fine, if it will show up on my driving record here, and result in an insurance surcharge. I did not think this info would cross state lines, and it did not years ago when I got my last speeding ticket, in Utah, but again stuff I read on the web suggests this info is now shared.
Anyone have any experiences with this?
The ticket, though is $236 for 11 mph over the limit, which is pretty hefty. I live on the east coast. It is my understanding from what I've read on the web (I know, worth what I paid for it) is that there will be no follow up on the ticket unless I am served by a process server, or I waive my rights for service by signing the form and sending them the dough.
I'm wondering if they will try to serve me as I'm out of state.
I'm also wondering if I pay the fine, if it will show up on my driving record here, and result in an insurance surcharge. I did not think this info would cross state lines, and it did not years ago when I got my last speeding ticket, in Utah, but again stuff I read on the web suggests this info is now shared.
Anyone have any experiences with this?
ADD EDIT: How will you feel about this if you do ignore it, and a year from now, after points have been assessed, and your insurance goes up by $300 every six months for the next three years, for a $236 ticket, while you did nothing to check into it with proper legal advice or at least more than researching it on the Internet?
Last edited by USirritated; Jan 12, 2013 at 9:59 pm Reason: ADD EDIT
#39
Moderator: Travel Safety/Security, Travel Tools, California, Los Angeles; FlyerTalk Evangelist




Join Date: Dec 2009
Location: LAX
Programs: oneword Emerald
Posts: 24,796
I live on the east coast. It is my understanding from what I've read on the web (I know, worth what I paid for it) is that there will be no follow up on the ticket unless I am served by a process server, or I waive my rights for service by signing the form and sending them the dough.
I'm wondering if they will try to serve me as I'm out of state.
I'm wondering if they will try to serve me as I'm out of state.
I'm also wondering if I pay the fine, if it will show up on my driving record here, and result in an insurance surcharge. I did not think this info would cross state lines, and it did not years ago when I got my last speeding ticket, in Utah, but again stuff I read on the web suggests this info is now shared.
#40




Join Date: Oct 2007
Location: BOS
Programs: UA MM
Posts: 1,608
ADD EDIT: How will you feel about this if you do ignore it, and a year from now, after points have been assessed, and your insurance goes up by $300 every six months for the next three years, for a $236 ticket, while you did nothing to check into it with proper legal advice or at least more than researching it on the Internet?
My insurance surcharge would be about $100 bucks a year for three years (I don't insure my car for collision / comprehensive, only for damage to other people and vehicles). I don't think I would get much lawyer time for $500.And yes of course the insurance surcharge would be more than the fine. But if the notice of violation without summons is not a valid ticket, then I would think that would not count as an infraction for insurance purposes, no? OTOH, if I sign the form which waives my right to summons and I pay the fine, would that not be an admission of guilt and then I'd expect my insurance to be notified?
Actually I think the insurance would get notified by the state DMV, which is how bad driver point are assessed. But maybe I'm safe (see the post immediately before this) because my location is BOS
Have to confirm that one.Thanks for the answers!
#41
Join Date: Jun 2007
Location: FLL
Programs: Delta GM, (fmr US CP/PP/GP!), DL SkyClub, Marriott Lifetime Platinum, Avis Chairman's Club
Posts: 5,162
Oh I have been researching it on the Internet quite a bit, and the post that you responded to is evidence to that, as I'm trying to see if I can find someone who has had similar experience, and if not on Flyertalk, then where?
My insurance surcharge would be about $100 bucks a year for three years (I don't insure my car for collision / comprehensive, only for damage to other people and vehicles). I don't think I would get much lawyer time for $500.
And yes of course the insurance surcharge would be more than the fine. But if the notice of violation without summons is not a valid ticket, then I would think that would not count as an infraction for insurance purposes, no? OTOH, if I sign the form which waives my right to summons and I pay the fine, would that not be an admission of guilt and then I'd expect my insurance to be notified?
Actually I think the insurance would get notified by the state DMV, which is how bad driver point are assessed. But maybe I'm safe (see the post immediately before this) because my location is BOS
Have to confirm that one.
Thanks for the answers!
My insurance surcharge would be about $100 bucks a year for three years (I don't insure my car for collision / comprehensive, only for damage to other people and vehicles). I don't think I would get much lawyer time for $500.And yes of course the insurance surcharge would be more than the fine. But if the notice of violation without summons is not a valid ticket, then I would think that would not count as an infraction for insurance purposes, no? OTOH, if I sign the form which waives my right to summons and I pay the fine, would that not be an admission of guilt and then I'd expect my insurance to be notified?
Actually I think the insurance would get notified by the state DMV, which is how bad driver point are assessed. But maybe I'm safe (see the post immediately before this) because my location is BOS
Have to confirm that one.Thanks for the answers!
#42




Join Date: Oct 2007
Location: BOS
Programs: UA MM
Posts: 1,608
The issue of service has to do with the fact that these violations are generated by automated equipment (speed cameras). Usually when you get a traffic ticket, the law enforcement officer signs it - you've been effectively served. But there is no officer involved in the camera tickets - a computer nabs you and records evidence, and supposedly a human who works for a "traffic enforcement" company under contact to the state, county (in my case) or municipality reviews it and signs it.
Anyway, the issue of service applies only to the camera tickets in Arizona, in my knowledge. It may apply elsewhere. I've only been looking at Arizona. And only at the camera tickets. There's been quite a controversy in Phoenix and Tucson areas about these technologies.
Anyway, the issue of service applies only to the camera tickets in Arizona, in my knowledge. It may apply elsewhere. I've only been looking at Arizona. And only at the camera tickets. There's been quite a controversy in Phoenix and Tucson areas about these technologies.
#43
Join Date: Jun 2007
Location: FLL
Programs: Delta GM, (fmr US CP/PP/GP!), DL SkyClub, Marriott Lifetime Platinum, Avis Chairman's Club
Posts: 5,162
The issue of service has to do with the fact that these violations are generated by automated equipment (speed cameras). Usually when you get a traffic ticket, the law enforcement officer signs it - you've been effectively served. But there is no officer involved in the camera tickets - a computer nabs you and records evidence, and supposedly a human who works for a "traffic enforcement" company under contact to the state, county (in my case) or municipality reviews it and signs it.
Anyway, the issue of service applies only to the camera tickets in Arizona, in my knowledge. It may apply elsewhere. I've only been looking at Arizona. And only at the camera tickets. There's been quite a controversy in Phoenix and Tucson areas about these technologies.
Anyway, the issue of service applies only to the camera tickets in Arizona, in my knowledge. It may apply elsewhere. I've only been looking at Arizona. And only at the camera tickets. There's been quite a controversy in Phoenix and Tucson areas about these technologies.
#44
Moderator: Travel Safety/Security, Travel Tools, California, Los Angeles; FlyerTalk Evangelist




Join Date: Dec 2009
Location: LAX
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FWIW, in Los Angeles County, red light camera tickets are considered "voluntary," because the Los Angeles Superior Court refuses to aggressively pursue payments because the tickets are issued to the cars' owners who are not necessarily the drivers at time of the violation.
#45
Suspended
Join Date: Aug 2010
Location: DCA
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Posts: 50,253
Most jurisdictions have navigated around the problem by simply enacting statutes which make the registered owner or designated user (think renter of rental vehicle) responsible for fines incurred by the vehicle not any individual. Thus, a fine, but no points or whatever penalties are assessed against any individual.
There's no requirement of personal service of civil speeding tickets in any state I've ever heard of, particularly the jurisdictions with the new statutes described above.
In the end, the consequences of ignoring these tickets are often fairly drastic. Doesn't mean that you can't request a hearing and contest. But, you can't ignore.
The most common consequence is that the fines double on a regular basis and are simply reported, once the default date passes, as unpaid debts. It kills your credit and sooner or later when you want a mortgage, a credit card or you are applying for a job or promotion, the debt shows up and you wind up having to shell out $1,000 to deal with what was once $200.
There's no requirement of personal service of civil speeding tickets in any state I've ever heard of, particularly the jurisdictions with the new statutes described above.
In the end, the consequences of ignoring these tickets are often fairly drastic. Doesn't mean that you can't request a hearing and contest. But, you can't ignore.
The most common consequence is that the fines double on a regular basis and are simply reported, once the default date passes, as unpaid debts. It kills your credit and sooner or later when you want a mortgage, a credit card or you are applying for a job or promotion, the debt shows up and you wind up having to shell out $1,000 to deal with what was once $200.


so not off the hook yet. hope all goes well