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Are photo red light tickets constitutional in Washington state?
Tacoma, WA
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Posted about 1 month ago in Speeding / Traffic Ticket
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I recently received a red light photo ticket in the mail. Are there any affirmative defenses are such tickets constitutional, what can I do?
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Answers (1)Alan James Brinkmeier
This attorney is licensed in Illinois.
Posted about 1 month ago.
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In Washington v. William Bradley Jackson, the Washington State Supreme Court ruled that police could not use a physical GPS tracking device to monitor a suspect’s movements without first obtaining a warrant. A natural follow-on argument from that decision would be the absence of such protections in the red light camara situation. The GPS challenge was successful and did make some interesting constitutional tie-ins. If you are serious about getting on board to make a constitutional challenge to the red light camera ticket, get an attorney. It will cost money and take your time, though.
Check with a lawyer in your locale to discuss more of the details. Good luck to you. God bless. NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
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