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The Washington Post had an interesting editorial last week that mentioned a little-known aspect of the red-light camera program in Alexandria, Virginia:

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As The Washington Times reported four years ago, state law says a private company may not simply drop a ticket in a mailbox and expect it to be considered valid service. Unless a driver receives a hand-delivered copy, the citation can be thrown away without consequence. Depriving Alexandria and its revenue-collecting partner of cash is the surest way to ensure this unsafe program disappears for good.

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Fortunately for motorists, the new statute instituted in 2007 contains very similar language. Here’s the code requiring personal service of red-light camera tickets (emphasis added):

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15.2-968.1. Use of photo-monitoring systems to enforce traffic light signals.

G. A summons for a violation of this section may be executed pursuant to 19.2-76.2. Notwithstanding the provisions of 19.2-76, a summons for a violation of this section may be executed by mailing by first class mail a copy thereof to the owner, lessee, or renter of the vehicle. In the case of a vehicle owner, the copy shall be mailed to the address contained in the records of the Department of Motor Vehicles; in the case of a vehicle lessee or renter, the copy shall be mailed to the address contained in the records of the lessor or renter. Every such mailing shall include, in addition to the summons, a notice of (i) the summoned person’s ability to rebut the presumption that he was the operator of the vehicle at the time of the alleged violation through the filing of an affidavit as provided in subsection D and (ii) instructions for filing such affidavit, including the address to which the affidavit is to be sent. If the summoned person fails to appear on the date of return set out in the summons mailed pursuant to this section, the summons shall be executed in the manner set out in 19.2-76.3. No proceedings for contempt or arrest of a person summoned by mailing shall be instituted for failure to appear on the return date of the summons. Any summons executed for a violation of this section shall provide to the person summoned at least 60 business days from the mailing of the summons to inspect information collected by a traffic light signal violation monitoring system in connection with the violation.

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Here’s the code for 19.2-76.3 referenced above:

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19.2-76.3. Failure to appear on return date for summons issued under 19.2-76.2.

A. If any person fails to appear on the date of the return contained in the summons issued in accordance with 19.2-76.2, then a summons shall be delivered to the sheriff of the county, city or town for service on that person as set out in 8.01-296.

B. If such person then fails to appear on the date of return as contained in the summons so issued, a summons shall be executed in the manner set out in 19.2-76.

C. No proceedings for contempt or arrest of any person summoned under the provisions of this section shall be instituted unless such person has been personally served with a summons and has failed to appear on the return date contained therein.

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Essentially it’s saying that they can attempt to mail you a ticket, but if that doesn’t work they have to hand-deliver it in order for the ticket to be valid.

www.motorists.org/blog/toss-your-virginia-red-light-camera-ticket/

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"It is extremely easy to beat this type of ticket in court. Your easiest defense is to simply throw the ticket away. If it does not come with a return receipt that requires a signature, there is no proof that you actually got the ticket and they cannot prosecute you on that. What the legal system wants you to do is just send in the fine and not ask any questions. This can be a big money maker for some communities. One other form of defense to utilize on your behalf is the fact that when you are accused in court you must be faced by your accuser. Obviously the computer cannot appear in court as a defense method for the prosecution. Also, you do not have to identify yourself as the driver of the vehicle because it would violate your sixth amendment rights against self incrimination."
-Norman G. Fernandez, attorney at law, and Jes Beard, attorney at law in Chattanooga, Tennessee, "How to Beat a Speeding Ticket - Photo RADAR"
http://jesbeard.com/s11.htm

How to Beat a Speeding Ticket - Free Ebook download by attorney Norman G. Fernandez at BikerLawyer.net
www.bikerlawyer.net/how-to-beat-a-speeding-ticket.pdf

www.piratenews.org/kill-robocops.html

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