When the operator of a vehicle is videotaped or photographed breaking the law and fined accordingly, do they need to be positively identified or is the operator of the vehicle at any given time assumed to be the owner unless the owner can prove otherwise?
I’ve never had a license and I’m not anything remotely approaching a lawyer, but it’s my impression that the way these things work, you couldn’t monkey (hah) your way out of a ticket like this.
I dunno the actual laws, but the speeding tickets I’ve gotten from automated cameras require a signed affidavit blaming another specific driver – with their name and contact info, not “some guy in a monkey suit” – if I were to claim it wasn’t me.
Before the red camera lights are ever put up the legislatures of the state will do two things
First they must pass legislation making the vehicle owner responsible for the ticket. This will establish a presumption that the registered owner is the vehicle driver at the time of the offense.
Thus it shifts the onus from proving you were behind the wheel to proving you were not.
Secondly the laws are set up to authorize the police to issue tickets by mail.
A lot of people cry what about “innocent till proven guilty.” However there are different “classes” of tickets. For instance, a parking ticket is issued to the owner regardless if his wife, or son or friend takes the car.
The red light camera tickets are legislated into the same class as parking tickets thus avoiding the “innocent till proven guilty” thing
Now in a few states the red camera light tickets are treated as moving violations which does present problems. In Virginia it was pretty easy for example to get out of it simply by signing an affidavit stating under oath that he or she was not the driver at the time of the offense.
This it was argued will basically allow people to get off the first time, but if you continually receive tickets it becomes harder and harder each time to get out of it.
But really if you look at the bigger picture, even if a cop pulls you over and gives you a ticket in person and you didn’t do it, even if you go to court it is still your word against the cops and the judge usually sides with the cop.
So it’s not that much different
(Missed edit:)
Sorry, the automated ticket I got was for running a red, not speeding.