Red light traffic cam

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  • EightySix

    Well-Known Member
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    6   0   0
    Jul 21, 2013
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    Ponchatoula
    I just got a notice in the mail about a red light violation in baton rouge. The car is in my name but it's my wife's car. I wasn't driving it at the time of the violation. I am named the defendant on the notice.
    I asked my wife about it and she remembers when it happened. It was @12:18 am and she wasn't
    about to stop for the light because she was scared of the shady characters hanging out on the corner of corporate Blvd and college Dr.
    How should i handle this. I can fight it or I can ignore it. If I choose to ignore it will I get a flag at the DMV?
    If I fight it and tell them I wasn't driving the car at the time, what's the chance of it being thrown out?

    Thanks
     

    El Pozzinator

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    1   0   0
    Jul 29, 2012
    222
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    Denham springs LA
    A machine cannot be your accuser, and you have a right to face your accuser. Ignoring it can flag you, but I’m not sure what the extent of the flag is. However unless the camera turns into a person and shows up with evidence that you were driving, I think it’ll get tossed. Especially with the explanation you have for the “violation”. Also, stopping for lights in an empty intersection is a waste of fuel so the tree-huggers should be ok with running an empty intersection too.


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    West

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    11   0   0
    Jan 20, 2014
    320
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    Baton Rouge, louisiana
    I got one in Nola. Didn't pay my ticket for a year. They finally got me when I was parked on the street. Put me in a boot and wouldn't take it off until I payed up. They will eventually get you.

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    jlee

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    5   0   0
    Nov 29, 2016
    45
    6
    Baton Rouge, LA
    1) It's not likely that you received the notice by registered or certified mail, so first, you didn't get it.
    2) It's a civil violation by a non-governmental entity so the worst that could happen is a ding on a credit report.
    3) If you didn't agree to anything in writing with the entity, you're not subject to any related civil actions.

    In short, if you have a bird, that citation will make a great bird cage liner. If not, you might be able to use it for starting the charcoal for the steak you spent the money on instead.

    https://www.theadvocate.com/baton_rouge/news/article_3e546928-0217-11e9-b710-7f9cf85e00eb.html
    https://www.brproud.com/news/local-news/to-pay-or-not-to-pay-your-traffic-camera-questions-answered/
    https://www.wafb.com/2018/12/15/att...traffic-camera-fines-be-refunded-baton-rouge/
     

    krotsman

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    104   0   0
    Aug 2, 2012
    1,365
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    Baton Rouge
    The only enforcement threat BR has is sending delinquent "violations" to a collection agency as a debt owed to the city. However, in the last year or so the Metro council had some hearings about them and it came out that they do absolutely nothing to enforce the fines. They are just happy to get whatever is paid, once the private company gets the bulk of the payout, of course...
     

    MOTOR51

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    Dec 23, 2008
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    A machine cannot be your accuser, and you have a right to face your accuser. Ignoring it can flag you, but I’m not sure what the extent of the flag is. However unless the camera turns into a person and shows up with evidence that you were driving, I think it’ll get tossed. Especially with the explanation you have for the “violation”. Also, stopping for lights in an empty intersection is a waste of fuel so the tree-huggers should be ok with running an empty intersection too.


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    Not true at all. It’s the same as a parking violation, the ticket goes to the registered owner. You will not get a “flag” because it’s civil. It will probably not get tossed because someone made a decision to run a red light (not that I would not have done the same thing). The evidence is the pictures of the car, license plate, and the attached video that you are able to watch. There is a way to dispute it but it’s not the same as criminal court for an actual ticket.


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    thperez1972

    ESSAYONS
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    10   0   0
    Dec 28, 2015
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    Baton Rouge, LA
    With a traffic ticket, the driver is given the ticket based on their bad driving. With the civil penalty, the owner of the vehicle is held liable for loaning their vehicle to bad driver.
     

    El Pozzinator

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    1   0   0
    Jul 29, 2012
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    Denham springs LA
    Utah recently passed a modification to traffic control device ordinances (red light laws) which says if the street is empty, red is to be treated like a stop sign.

    BR doesn’t do traffic enforcement very much unless it’s a flagrant violation. I think if you fight it with the argument that you felt (or the driver, if there’s no photo of you behind the wheel - IE lack of evidence) it wasn’t safe to stop at that intersection at that hour AND the act of not stopping inhibited no other traffic, it’ll get dismissed.

    Camera monitoring services (red lights, radar trailers, school busses, etc) last I heard retain 75% of the assessment for “fees and maintenance”. The jurisdiction gets 25%. In the case of school busses, the school and the jurisdiction split the assessment.


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    thperez1972

    ESSAYONS
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    Dec 28, 2015
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    Utah recently passed a modification to traffic control device ordinances (red light laws) which says if the street is empty, red is to be treated like a stop sign.

    BR doesn’t do traffic enforcement very much unless it’s a flagrant violation. I think if you fight it with the argument that you felt (or the driver, if there’s no photo of you behind the wheel - IE lack of evidence) it wasn’t safe to stop at that intersection at that hour AND the act of not stopping inhibited no other traffic, it’ll get dismissed.

    Camera monitoring services (red lights, radar trailers, school busses, etc) last I heard retain 75% of the assessment for *fees and maintenance*. The jurisdiction gets 25%. In the case of school busses, the school and the jurisdiction split the assessment.



    g.It shall be an affirmative defense to the imposition of civil liability under this article, to be proven by a preponderance of the evidence, that:
    1.The traffic-control signal was not in proper position and sufficiently legible to an ordinarily observant person;
    2.The operator of the vehicle was acting in compliance with the lawful order or direction of a law enforcement or public safety officer;
    3.The operator of the vehicle violated the instructions of the traffic-control signal so as to yield the right-of-way to an immediately approaching authorized emergency vehicle;
    4.The vehicle was being operated as an authorized emergency vehicle under La. R.S. 32:24, and the operator was acting in compliance with La. R.S. 32:24;
    5.At the time of the violation, the vehicle was in the care, custody or control of another person where the owner furnishes a truthful affidavit which identifies the name and mailing address of the person or entity who leased, rented or otherwise had the care, custody and control of the vehicle at the time of the violation. Responsibility for the violation under this section shall be transferred to the person identified in the affidavit;
    6.The presence of ice, snow, unusual amounts of rain or other unusually hazardous road conditions existed that would make compliance with this article more dangerous under the circumstances than non-compliance;
    7.The person who received the notice of violation was not the owner of the vehicle at the time of the violation; or
    8.At the time of the violation the vehicle was a stolen vehicle or the license plate displayed on the vehicle was a stolen plate, which must include proof acceptable to the hearing officer that the theft of the vehicle or license plate had been timely reported to the appropriate law enforcement agency.

    https://library.municode.com/la/bat...inances?nodeId=TIT11TRCO_CH5TRNTDE_S11_54ELEN
     

    El Pozzinator

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    1   0   0
    Jul 29, 2012
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    Denham springs LA
    I think paragraph 6 sums up the OP’s wife’s contention with stopping at the light. She felt doing so would be hazardous at that hour at that intersection, and certainly moreso than running it (hopefully after verifying the intersection was clear).


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    MOTOR51

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    I think paragraph 6 sums up the OP’s wife’s contention with stopping at the light. She felt doing so would be hazardous at that hour at that intersection, and certainly moreso than running it (hopefully after verifying the intersection was clear).


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    I would not show up for the hearing and use that as an excuse expecting them to drop it. But what do I know.


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    Bangswitch

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    Jan 10, 2019
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    a location near you
    I have found no matter how chicken $hit or well deserved, fighting a ticket is like playing blackjack at the casino. You may think you can win but you are just fooling yourself. I find the best approach is to contact the DA or court clerk (depending on who handles the ticket), use your manners and try to get it reduced. Sometimes you can and sometimes you can’t. The best I can tell there are no ‘tricks’ that work just polite conversation appealing to their mercy and offering to pay promptly.

    These camera tickets are all about the money. I would just pay it and bitch about over beers with some buddies. It may not effect your license but I’ve heard of them turning it in as an overdue bill to the credit bureau.
     

    thperez1972

    ESSAYONS
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    10   0   0
    Dec 28, 2015
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    Baton Rouge, LA
    I think paragraph 6 sums up the OP’s wife’s contention with stopping at the light. She felt doing so would be hazardous at that hour at that intersection, and certainly moreso than running it (hopefully after verifying the intersection was clear).


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    Good luck. The reason stated by the OP had nothing to do with road conditions. The reason given was based on a situation that did not exist. But one could argue the spirit of the law. A red light is designed to shift the right of way from one street to another. It's like a revolving timed stop sign. One could argue that, after coming to a complete stop (something the OP says didn't happen) and observing there were no other vehicles to yield the right of way to, the spirit of the law was satisfied. I can't say that would make any difference but it would be entertaining to try.
     

    thperez1972

    ESSAYONS
    Staff member
    Gold Member
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    10   0   0
    Dec 28, 2015
    5,712
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    Baton Rouge, LA
    I have found no matter how chicken $hit or well deserved, fighting a ticket is like playing blackjack at the casino. You may think you can win but you are just fooling yourself. I find the best approach is to contact the DA or court clerk (depending on who handles the ticket), use your manners and try to get it reduced. Sometimes you can and sometimes you can’t. The best I can tell there are no ‘tricks’ that work just polite conversation appealing to their mercy and offering to pay promptly.

    These camera tickets are all about the money. I would just pay it and bitch about over beers with some buddies. It may not effect your license but I’ve heard of them turning it in as an overdue bill to the credit bureau.

    The civil penalties in the $25-50 range are designed to get your attention and make the intersection a safer place. The penalties that are $100+ are designed to make money.

    There are other (better) ways to make an intersection safer. Increase the time of the yellow light to allow the "I gotta make it" drivers time to clear the intersection. Have a small time, maybe 1/2 to 1 second, when all of the lights are red to give drivers a little more time to clear the intersection before opening the intersection to the cross traffic. But those, especially the first one, has the effect of reducing the number of camera violations.

    New Orleans doesn't turn them over to the credit bureau. Or at least they didn't used to.
     
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