Actually, depending on where you live, it may very well be a moving violation.
Ok, I’m ready for my flaming for being a minion of “the man”- I used to work for one of the companies that maintains red light cameras and photo radar. Now, before you get too upset, let’s clear up some misconceptions about this stuff.
Myth #1- photo radar is a speed trap.
False. A speed trap is where one or a series of posted speed limit signs abruptly drop the speed limit on a stretch of road, then a partially or totally concealed police vehicle roars out and you’re pinched for speeding, usually about 10 feet past said sign. At least in Riverside & San Diego, CA, photo radar cameras were mounted in the open back of a large, marked police vehicle, usually a Jeep Cherokee or Chevy Blazer, with lights & everything (very hard to miss). It usually operated in a problem area, like school zones while children were present, or stretches of road where numerous accidents had occurred. Each city decided on locations.
Myth #2- photo radar is unmanned.
False. Again, I am citing our practices only, YMMV. Each vehicle was manned by staff of the operating police department, either officers or other sworn personnel. This was necessary for calibration of the radar equipment and reloading of film. Now, redlight cameras are unmanned, as they are usually atop a light pole, but again, don’t think it will be easy to fight the ticket- do some research before you show up in court with a “this is bogus” argument.
Myth #3- you can’t prove I was driving.
Depends on the picture. However, as you are legally responsible for what goes on in a vehicle you own, it’s still your ticket, unless you can prove you didn’t own the vehicle at the time of the violation, or you can get your buddy to 'fess up and take the pain. We never cited people on questionable photos. It had to be crystal clear of both driver and plate, otherwise the courts would get pissed in a hurry with all of the challenges. FYI, ours didn’t get beaten much. As Coldie’s post pointed out, “ok, I was in the intersection but I have a good story” doesn’t always work with a judge, unfortunately. The argument, of course, is “would a REAL cop have ticketed me?”- depends on his mood, I guess.
Most people hate photo radar because they got caught fucking up. I mean, I myself am going to spend all day (literally) Saturday in traffic school for a speeding ticket. Me, a former law enforcement liaison, wife of a former prosecutor. But hey, I got caught, it’s not their fault for catching me!
It can actually be beneficial, in that it’s not just your word against the cops. Of course, the leverage is toward the cop’s argument, but that’s the goal of law enforcement.
Sorry if you got hosed by it, but it’s not the spawn of Satan that people think it is. I will post later if I’ve forgotten something important (which I’m sure many of you will cheerfully point out for me!).