Know Your Photo Radar Rites

Oh those hidden, but in your face photo radar vans.  You see them on the side of a main thoroughfare, or tucked between some tree’s on the road median.  You know its there, but you still have that desire to ignore it and drive bye and continue on your day.  Do you feel bad?  Should you feel guilty?  What do you do when you get that Denver photo radar ticket in the mail?

photo-radar
You lovely big brother watching over you.

So lets make sure you know your rights as you need to use them, or loose an evening out because you are paying these photo radar tickets.  In addition this information includes more than photo radar van tickets, but any radar cam in the City and County of Denver.

Information is power.  So lets start at denvergov.org. To add validity for those pesky cameras the City and County state this is all about public safety

“Photo speed has been used in Denver to improve traffic safety since 1998. The red light program has been in operation since 2008. Currently, Denver has four intersections equipped with red light cameras and operates 4 photo speed vans for two shifts 7 days a week. “

Now you know what the City and County of Denver is stating for their propaganda, but what you need to realize is that this is revenue generation. That is why when you receive the ticket they want your money and not to put points on your driving record. Ironically some of you will think this is great and you will just pay that ticket, but know that you shouldn’t pay that ticket.

Some key points from CBS Denver on the photo radar law. If the person in the car is not the primary driver, than the ticket can be voided. This would include if you are wearing a mask while driving and the City cannot validate who you are.  Now i am not saying you should drive with a halloween mask every day, but if you get a lot of photo radar tickets it might be a good idea to reduce the amount of paper you will get in the mail. In addition out of state plated cars are spared.

Lets now get to my point. Regardless of the statements above these photo radar tickets are not valid.  They are not valid because the ticket has to be given to you, in person, by a public official. That can be a police officer, mail person, or licensed city official. I can reference some media outlets supporting this, but I prefer to use the legal community.  Hebets McCallin.com as well as the Law Offices of Joshua Johnson, LLC.com both agree that these photo radar tickets and camera tickets are not valid unless you are personally served within 90 days of the ticekt. Let me quote

“That’s because Colorado Revised Statute 42-4-110.5 requires that, in the case of a traffic violation detected by an “automatic vehicle identification system” (e.g., a traffic camera), the city must “serve the penalty assessment notice or summons and complaint for the alleged violation on the defendant no later than ninety days after the alleged violation occurred.” http://www.johnsonlawllc.com

As www.denverscameras.com adds this is all about revenue generation for the city’s.  They need more money and this is a key way to doing this.  Include parking tickets and anything else they can write you up for.

So grab your halloween mask and get back on the road.  No need to pay attention to all of those radar and stop light cameras and drive on. Be safe.  Be attentive. Be aware.  But you can drive on. Just make sure you realize that its best to mark on your calendar when your traffic, or radar tickets, expire and in that time DO NOT open the door for the mail person as they for sure will hand you the letter personally which now means you have to legally pay that photo radar ticket inclusive of all additional penalties.  The City of Aurora is the worst with this and spend lots of money to badger you for the money.