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Photo Enforcement Ticket Defenses

Posted by attorney Michael Morgan

In Washington state, photo enforcement tickets do not go on a person's driving record. Because of this fact and the amount of the fine involved it generally makes very little sense for a person to hire a lawyer for a photo enforcement ticket.

In Spokane, the court prohibited officers from using electronic signatures in issuing photo enforcement tickets and dismissed cases when such electronic signatures were used.

In Los Angeles, courts found that an officer could not lay a foundation for when a photo enforcement infraction occurred since that was determined by the machine that was maintained and operated by a private agency and not the police.

Although not a defense, RCW 46.63.170 states that the amount of the fine"...shall not exceed the amount of the fine issued for other parking infractions within the jurisdiction." IRLJ 6.2 sets the maximum fine for Illegal Parking on a Roadway at $30 while many jurisdictions have maximun fines of $20 for certain parking infractions--which supports the argument that a photo enforcement fine shall be no more than $30.

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