As the owner of the vehicle, I received a ticket for "39:4-81" Red Light Camera. I wasn't driving it. How do contest?

Asked over 1 year ago - Piscataway, NJ

My vehicle was shown in the photo clearyl, but I wasn't driving it nor was I in the vehicle and can prove my whereabouts that day and time. There is no evidence in the photo of who was driving the vehicle whatsover.

Attorney answers (5)

  1. Matthew Joseph Dorry

    Contributor Level 4

    1

    Lawyer agrees

    Answered . Unfortunately, there is a 'presumption' that you were driving, as owner of the vehicle. Do you know who was driving the vehicle? Can you prove 'who'? Did they drive it with or without consent? Do you let this person drive your vehicle regularly?

    Per N.J.S.A. 39:4-8.15(b),you generally need to prove whoever was driving the vehicle drove the vehicle without express or implied consent. This requires proof, which I suggest you contact a local municipal attorney to ensure your proof is admissible at trial.

    If you cannot prove it at time of court effectively, you will have to pay the fine. Keep in mind, there are no points assessed against your license, so there is no impact on your insurance.

    If you can prove whoever was driving the vehicle, you can pursue this individual in small claims court for the fee.

    These answers are not intended nor shall it be deemed to be the rendering of legal advise, they are given based on... more
  2. Matthew C Simon

    Pro

    Contributor Level 18

    Answered . There is a presumption that if you are the owner, you are the driver with camera photos. Nevertheless, you may be able to fight it. Seek an experienced attorney's aid. Many attorneys, such as myself, offer free 30 minute consultations.

    The above is general information only and is not legal advice. The information provided does not form an attorney-... more
  3. Mark M Cheser

    Pro

    Contributor Level 20

    Answered . Unless you can prove otherwise the statute covers it. Read the statute. But is $85 worth 3 hours in court, maybe more.

  4. Kevin F Sheehy

    Contributor Level 4

    Answered . Owner and operator are "jointly" liable unless you can show the vehicle was used without your consent. It's a terrible law.

  5. Michael J Palumbo

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . I can refer you to a great NJ traffic court lawyer if you would like. Call us if interested 1-877-996-6849.

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