Do I still have a chance to win?

Asked over 1 year ago - Elizabeth, NJ

red light photo violation I plead not guilty! rescheduled for 01-23-13,I miss court! "a warrant issued!" I am posting $250 bail 01-28-13 "Question," "do I still have a chance to win or did I forfeit my right to dispute the matter? My dispute is that I wish to challenge the system itself as unconstitutional,I want to have the camera's inspected by someone (pro) whether camera's are (IP) or (CCD) (CMOS) or analog type because I truly feel that the courts have been sold on systems that truly perform justice to the manufacturers offering a product that in turn challenges the whole reason for defending our constitution! (digital photo's vs analog,or linear type). Pictures can be deceiving. I wish to challenge the government on similar theory. (cheating)

Attorney answers (5)

  1. Mark M Cheser

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . Is all that worth the $85 fine. Sometimes you have to pick your battles. This one seems a little foolish even if you are correct. There is case law recently published on the issue. I do not know all the details because frankly, in my opinion, it is not worth the trouble.The FTA and the charges are seperate. But bet that if you beat the ticket the contempt fine will be equal or more that $85.

  2. Jeffrey Anthony Skiendziul

    Contributor Level 16

    6

    Lawyers agree

    Answered . You are certainly free to challenge the validity of the system that is implemented currently but will be hard pressed to find an attorney willing to represent you in connection with this matter. If you are adamant about challenging the system, then perhaps you should speak to your local state legislator about the problem you have. The fine is not substantial compared to other traffic violations. Nevertheless, you are free to contest the ticket by having a bench trial scheduled against the prosecutor. It is time consuming and very few attorneys will agree to represent you at trial without being paid for their time. You aren't eligible to apply for a public defender because the penalty doesn't involve consequences of magnitude (i.e. jail, loss of driving privileges or a fine in excess of $750). Good luck when you appear in Court.

    DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree... more
  3. James Alexander Abate

    Pro

    Contributor Level 17

    6

    Lawyers agree

    Answered . You can still contest the charges. The warrant / bail just assures you get to court. You will then be convicted. Any chance to prevail will happen at the Appelate level. To get any relief there will require an Appelate attorney and Will cost you a lot of time and money. I agree with Mr. Cheser, it seems silly to be spending $250 on bail for a zero point ticket that would have been $85.

    Law Offices of James A. Abate Jabatelaw.com (732) 412-2364
  4. John Paul Thygerson

    Pro

    Contributor Level 17

    5

    Lawyers agree

    Answered . 'm not really sure if I'm answering your question but you can still contest the violation regarding the claim that you ran a red light. However, how are you possibly considering challenging the ticket? You suggest a theory that would require expert testimony that could cost you thousands of dollars. Your personal opinions regarding the efficacy and acuracy of the cameras are of no moment. To challenge that evidence would require, at the least, expert testimony that does not come cheap. In the final analysis, do you have the financial resources to fight what very well may be a losing battle, and even if you did, why bother? Is it really woth the aggravation and frustration?

  5. Steven Todd Keppler

    Contributor Level 14

    3

    Lawyers agree

    Answered . While I concur with my colleagues, I will only add the following:

    A red-light ticket issued by camera is a no-point offense (as opposed to a violation issued by a police officer, which does carry points.) The fine is $85.00. In my professional opinion, unless you have unlimited time and funds, fighting the validity of using these cameras is foolish in the extreme.

    Regardless, no you have not forfeited your right to contest the case. You will have an opportunity to conduct a trial, if you so choose. Be advised, however, that you will not be permitted to conduct a kangaroo court. If you want the information you describe, you will need to draft a letter to the municipality in which you ran the light (allegedly), specifically to the local police dept.'s records division. For information regarding the cameras, you may need to speak to someone in the town's or county's offices in charge of procurement.

    In terms of time wasted and dollars spent, you're better off just paying the ticket and not wasting the court's time.

    The foregoing is not legal advice, and nothing in the foregoing shall be deemed to create an attorney client... more

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