My wife got a red light citation in the mail on 12-12-11. It says "Final Notice" even though it's the first one we received. The violation is alleged to have happen on 10-26-11. We watched the video and it clearly shows the car slowing down, but not stopping before turning at a red light. Everyone tells me, "don't worry dont pay it." I don't agree with the lack of due process here and want to do whatever is possible to not pay this ticket out of prinicipal. They supply you with an affidavit you can send in and it requires you to "Rat" on the person who was driving at the time. I was thinking of sending in the affidavit and checking the box next to "I was not driving at the time" and simply "plead the 5th" or say it was 2 months ago, we are not certain who was driving the car that night ??
Many people argue that red light cameras are ridiculous, unconstitutional, and nothing more than a revenue-booster for municipalities. I could not agree more. These cameras are being phased out in many areas due to angry citizens like yourself - in fact, in the City of St. Louis, a judge will decide next month whether or not to remove them from the City.
That said, you will still have to pay this ticket. I myself have received two red light tickets for the same offense - not coming to a "complete stop" before making a right turn. It is certainly worth contacting an attorney to discuss if a more lenient deal can be made with the municipality. I would not recommend dismissing this ticket. If there is some dispute as to who was driving, you may provide a stumbling block for the prosecution in their effort to prove who was driving (which is their burden). I handle traffic matters on a regular basis, but before you consider contacting any attorney, you might want to peruse the materials on the aptly-titled "highwayrobbery.net". This site is full of good information on the due process-defying cash cow that is red light traffic cameras. One caveat: this site is from California and does not feature MO law. Good luck!
A red-light camera ticket is essentially a very expensive parking ticket, because it is issued against the vehicle, not against the person driving the vehicle. It is a non-moving violation which does not cause points to be added to the vehicle owner’s driving record.
I do not believe your wife will win at trial based simply on her pleading the 5th Amendment or stating that she was not driving the vehicle at the time. As you noted, if her argument is that she was not driving the vehicle at the time, then the prosecuting attorney will require her to provide the names of every person who has her permission to drive her vehicle so they can question those other drivers.
Recently, a St. Louis County vehicle owner challenged the red light camera municipal ordinance in Creve Coeur, Missouri after receiving a red-light camera ticket in Creve Coeur in 2009. The Missouri Court of Appeals ruled in October 2011 that the Creve Coeur red-light camera law does not contradict state law because the language of the ordinance indicates that the city of Creve Coeur intended that a violation of the ordinance be classified as a non-moving violation and that the liability for a violation should be imposed on the vehicle owner, not the driver.
The vehicle owner also challenged the red-light camera law on the grounds that it violated her constitutional right to procedural due process, arguing that due process requires that a police officer must have probable cause to believe that the person to whom he issues a traffic ticket is the driver of the vehicle and not just the owner of the vehicle. But the Court stated, "Missouri law provides that a municipal ordinance can impose liability on a vehicle owner if another person parks or operates the vehicle in violation of the ordinance."
So, basically, the Court is saying that there is nothing wrong with the Creve Coeur red light camera law.
I don't know which municipality issued the red light camera ticket to your wife, but in St. Louis City, if you refuse to pay the fine, the court will forward your wife's unpaid account to a debt collection law firm who will send her a letter reminding her to pay the fine, with no additional fees or interest assessed. If she continues to refuse to pay, the law firm will threaten to report your wife's unpaid debt to the credit bureaus, which may damage her credit rating.
In my opinion, it is cheaper and faster to pay the $100 fine for the red light camera ticket and move on. You could hire an attorney to represent your wife in court to fight the red light camera ticket, but I have not heard of many people winning these cases, and it will certainly cost you more in money, time, and stress to hire an attorney to fight it in court than to just pay the $100 fine for the red light camera ticket and move on.
If your wife decides to fight the red light camera ticket, I suggest that she hire a local St. Louis attorney who has a proven track record of winning these types of cases. Good luck.
