What Happens if You Run a Red Light with a Camera in Virginia?
Even as the state’s population expands, in many jurisdictions, law enforcement staff levels are at all-time lows. In fact, many jurisdictions barely have enough officers to respond to emergency situations. As a result, traffic enforcement has fallen off to practically nothing in many places. But when the cat’s away, the mice will play. Lack of traffic enforcement spawns bad driver habits, like running red lights.
Traffic enforcement cameras seem like the ideal solution, and many jurisdictions now rely heavily on these enforcement tools. Cameras have a “big brother is watching” effect that bothers many civil libertarians. More importantly for a Leesburg criminal defense lawyer, camera-associated citations often don’t hold up in court. The evidence problems associated with camera enforcement citations usually allow attorneys to favorably resolve them, usually without leaving a stain on the driver’s permanent record.
Direct and Collateral Consequences
State law limits red light camera fines to $50 each, in order to prevent cities from using them as revenue-collection devices. That’s significantly lower than the maximum fine for running a red light, which is $350. But most municipalities are free to add various court costs to the fine. In many cases, these costs and special penalties far exceed the fine amount.
Additionally, running a red light is a four-point offense, and these points remain on a driver’s record for three years. That makes running a red light one of the highest point offenses, and also one of the worst lingering consequences offenses. The good news is that authorities usually erase the demerit points if a Leesburg criminal defense lawyer challenges them in court.
Moving violations, such as running a red light, often cause auto insurance rates to spiral upwards, regardless of the points involved. In fact, it’s not uncommon for auto insurance rates to double if the driver gets even one or two tickets.
A citation also puts a target on a driver’s back. Police officers keep a sharper eye on drivers who have poor driving records. Additionally, if they spot violations, they nearly always issue citations instead of warnings.
Possible Defenses
A defective camera, an insufficient picture, technical violations, and a lack of official review are the most common defenses to red light camera tickets in Virginia.
Typically, prosecutors have the burden of proof to show that the camera was operating properly at the time and authorities had properly maintained the gadget. A lack of evidence on either point casts doubt on the results.
We should mention that red light camera cases are technically civil matters in Virginia, so the burden of proof is lower.
Significantly, the camera must clearly capture an image of the license plate and the driver’s face. Without a crystal-clear picture of the driver’s face, the citation usually won’t hold up in court, as there’s insufficient evidence that the defendant was driving the car.
Virginia law establishes a number of technical requirements for red light camera that limit their deployment and use, such as:
- Supporting engineering study on file,
- A mandatory 0.5 second grace period,
- Warning signs within 500 feet of the camera in all directions, and
- An approved public awareness campaign.
Finally, in some jurisdictions, an employee of the camera company handles most of the work and a police officer simply rubber-stamps the results. This arrangement is illegal. Only police officers have the authority to issue citations for red light violations.
Connect With a Savvy Loudoun County Lawyer
There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. Virtual, home, and jail visits are available.
