E90Post
 


Studio RSR
 
BMW 3-Series (E90 E92) Forum > BMW E90/E92/E93 3-series General Forums > General E90 Sedan / E91 Wagon / E92 Coupe / E93 Cabrio > Dam Ticket!



Reply
 
Thread Tools Search this Thread
      08-31-2011, 06:17 PM   #1
yoandry
Colonel
yoandry's Avatar
697
Rep
2,079
Posts

Drives: G80 M3CX & X5 M50i
Join Date: Jan 2011
Location: Naples, FL

iTrader: (0)

Dam Ticket!

I got caught.
Attached Images
 
__________________
Appreciate 0
      08-31-2011, 06:21 PM   #2
DesiRoc
Kumar
DesiRoc's Avatar
United_States
71
Rep
747
Posts

Drives: E92 M3, E93 335i, S50 E30 325i
Join Date: Aug 2011
Location: Southeast US

iTrader: (2)

LOL ouch man sorry for such an unfortunate event. How much was the ticket?

Nice blacklines btw.
Appreciate 0
      08-31-2011, 06:32 PM   #3
ChasVS
Colonel
ChasVS's Avatar
United_States
40
Rep
2,431
Posts

Drives: 2012 MB ML350 Bluetec
Join Date: Aug 2009
Location: Central FL

iTrader: (10)

Running a red light... That sucks dude. Don't feel bad for ya!
__________________
My speeding isn't the problem. It's the Slow Folks ahead of me that cause accidents!
Appreciate 0
      08-31-2011, 06:34 PM   #4
SilverII
Colonel
United_States
40
Rep
2,334
Posts

Drives: '11 335IS
Join Date: Jun 2010
Location: DFW

iTrader: (0)

Garage List
2011 BMW 335IS  [9.66]
looks like rain is on the way
Appreciate 0
      08-31-2011, 06:36 PM   #5
bumere90
Grozniy
United_States
179
Rep
2,602
Posts

Drives: Carless
Join Date: Jan 2009
Location: FL

iTrader: (12)

Good thing you weren't the only one
__________________
-fatman
Appreciate 0
      08-31-2011, 06:37 PM   #6
Hey Ant
Colonel
Hey Ant's Avatar
United_States
143
Rep
2,284
Posts

Drives: E90 M3
Join Date: Nov 2010
Location: 818 Los Angeles

iTrader: (18)

I thought camera tickets are voluntary payment only? or is it only in CA?
Appreciate 0
      08-31-2011, 06:44 PM   #7
RupertPupkin
Major
RupertPupkin's Avatar
United_States
92
Rep
1,456
Posts

Drives: Freak Beast
Join Date: Aug 2011
Location: East

iTrader: (5)

As lame as the ticket is...thats a pretty cool shot.
Appreciate 0
      08-31-2011, 06:45 PM   #8
username604
Colonel
username604's Avatar
United_States
124
Rep
2,554
Posts

Drives: bmw
Join Date: Sep 2010
Location: repair shop

iTrader: (0)

Garage List
2008 BMW 335i  [10.00]
Quote:
Originally Posted by ChasVS View Post
Running a red light... That sucks dude. Don't feel bad for ya!
He didn't purposely run a red light... he ran a yellow that turned red on his ass.

Quote:
Originally Posted by Hey Ant View Post
I thought camera tickets are voluntary payment only? or is it only in CA?
who would volunteer to pay a $400 ticket
Appreciate 0
      08-31-2011, 06:53 PM   #9
Brey335i
Banned
112
Rep
4,771
Posts

Drives: e46 ///M3
Join Date: Oct 2009
Location: Austin, TX

iTrader: (11)

Cool shot of the car. Almost worth it
Appreciate 0
      08-31-2011, 06:58 PM   #10
Jace_91
First Lieutenant
United_States
9
Rep
365
Posts

Drives: 2008 335i Coupe
Join Date: Apr 2011
Location: South Florida - Hollywood

iTrader: (0)

From south west florida my self, hate all the red light cams down there. Its pretty easy to fight though, can't you just tell them you didn't believe you could safely stop in time or some bs
Appreciate 0
      08-31-2011, 07:05 PM   #11
B-737
Captain
B-737's Avatar
United_States
50
Rep
825
Posts

Drives: a car.
Join Date: Sep 2010
Location: Jersey Shore

iTrader: (6)

Garage List
2011 328 xi  [7.26]
oh man you werent even close lol! the black lines look great though

they installed those in my town and have had a huge increase in cars getting rear ended at that intersection from people jamming on their brakes for yellow lights. they are trying to get it removed.

at least its no points OP....
__________________
Appreciate 0
      08-31-2011, 07:17 PM   #12
nogard13
Second Lieutenant
nogard13's Avatar
34
Rep
221
Posts

Drives: 2006 325i
Join Date: Mar 2010
Location: Durham

iTrader: (0)

Quote:
Originally Posted by yoandry View Post
I got caught.
Several things for you to consider:

1. Your two front tires were legally in the intersection when the light turned red. Therefore, you have a legal right to continue on your way and traverse the intersection. You should not be ticketed if your actions were legal.

2. The picture does not provide enough evidence (unless there is another one with all four tires behind the line and showing the light as red) to combat argument #1, therefore, insufficient evidence exists to "convict" you of the infraction (the burden of proof is on the state here, not you).

3. Fines for camera infractions are not equal to fines given by cops. This violates the equal protection clause of the US and FL Constitutions. However, since you are on the lower side, and it favors you, a Judge might not dismiss the case simply based on this argument (though, legally, he should).

4. The state MUST prove that you were driving the car. You cannot be penalized for someone else's actions here. You can always claim that it wasn't you driving the car and that "to the best of your knowledge, you cannot recollect who the driver was at that time. All you know is that it wasn't you." I'm not telling you to lie, just giving you an option. Again, since the burden of proof is on the State, they must prove you were driving (when you're pulled over, the officer is the witness, but that doesn't apply to camera tickets).

Just a few things to think about. Also, do some research (or hire a lawyer) because some cameras are run by private companies, not the states, and depending on how the law is written in FL, you might not have to pay the fine, anyway. In Arizona, for example, not paying the fine means you owe the company the money, not the state. Therefore, the state will not penalize you but the company can take you to collections. Then you can take the company to small claims court and, if they can't prove it's you who owes them the money (picture of you driving while committing the infraction), the court will usually rule in your favor.

Good luck!
Appreciate 0
      08-31-2011, 07:26 PM   #13
michaelthepsycho
Lieutenant Colonel
michaelthepsycho's Avatar
Taiwan
76
Rep
1,644
Posts

Drives: 11 Montego Blue E90 335i Step
Join Date: May 2009
Location: CA

iTrader: (4)

Awwww..... Nice M Tech rear, though!
__________________
Former car
2011 BMW 335i Step - Montego Blue / Chestnut Brown
Appreciate 0
      08-31-2011, 07:27 PM   #14
TroyDeJ
Banned
82
Rep
984
Posts

Drives: around aimlessly
Join Date: Nov 2010
Location: Long Island

iTrader: (1)

cool rolling shot!
ive heard you legally have to face your prosecutor and if its a camera giving the ticket then there is no prosecutor to face.
Appreciate 0
      08-31-2011, 07:45 PM   #15
ceb
NHTSA Nazi
28
Rep
1,983
Posts

Drives: 335ix
Join Date: Aug 2009
Location: MD

iTrader: (1)

Quote:
Originally Posted by nogard13 View Post
Several things for you to consider:

1. Your two front tires were legally in the intersection when the light turned red. Therefore, you have a legal right to continue on your way and traverse the intersection. You should not be ticketed if your actions were legal.

2. The picture does not provide enough evidence (unless there is another one with all four tires behind the line and showing the light as red) to combat argument #1, therefore, insufficient evidence exists to "convict" you of the infraction (the burden of proof is on the state here, not you).

3. Fines for camera infractions are not equal to fines given by cops. This violates the equal protection clause of the US and FL Constitutions. However, since you are on the lower side, and it favors you, a Judge might not dismiss the case simply based on this argument (though, legally, he should).

4. The state MUST prove that you were driving the car. You cannot be penalized for someone else's actions here. You can always claim that it wasn't you driving the car and that "to the best of your knowledge, you cannot recollect who the driver was at that time. All you know is that it wasn't you." I'm not telling you to lie, just giving you an option. Again, since the burden of proof is on the State, they must prove you were driving (when you're pulled over, the officer is the witness, but that doesn't apply to camera tickets).

Just a few things to think about. Also, do some research (or hire a lawyer) because some cameras are run by private companies, not the states, and depending on how the law is written in FL, you might not have to pay the fine, anyway. In Arizona, for example, not paying the fine means you owe the company the money, not the state. Therefore, the state will not penalize you but the company can take you to collections. Then you can take the company to small claims court and, if they can't prove it's you who owes them the money (picture of you driving while committing the infraction), the court will usually rule in your favor.

Good luck!
Not quite. They have his speed and the length of time the light was red at the moment the photo was taken so they can determine where he was when the light turned red.

In many jurisdictions, the law assumes that the registered owner committed the infraction unless the registered owner identifies the driver.
Appreciate 0
      08-31-2011, 08:51 PM   #16
chip2058
Second Lieutenant
chip2058's Avatar
United_States
23
Rep
227
Posts

Drives: 2012 328i Sportline
Join Date: Jul 2007
Location: Somerville, MA

iTrader: (3)

Garage List
Quote:
Originally Posted by ceb View Post
Not quite. They have his speed and the length of time the light was red at the moment the photo was taken so they can determine where he was when the light turned red.

In many jurisdictions, the law assumes that the registered owner committed the infraction unless the registered owner identifies the driver.
True but it says he was going 42 mph and the light had been red for .7 seconds. Therefore if he was just flowing with traffic and didn't catch the yellow he could not have possibly had enough time to stop the car safely :-)
Appreciate 0
      08-31-2011, 08:51 PM   #17
Bumer
Comrade Vlad
Bumer's Avatar
United_States
16
Rep
212
Posts

Drives: 1999 M3, 2006 325i
Join Date: Aug 2011
Location: Connecticut

iTrader: (1)

Garage List
1999 BMW M3  [9.00]
2006 BMW 325i  [10.00]
Quote:
Originally Posted by Brey335i View Post
Cool shot of the car. Almost worth it
agree
__________________
1999 E36 ///M3 Convertible MT Silver / Silver (99.99% stock)
2006 E90 325i
Appreciate 0
      08-31-2011, 09:02 PM   #18
eisenb11
Major
United_States
53
Rep
1,153
Posts

Drives: 2012 E92 M3 SSII
Join Date: Oct 2007
Location: Redondo Beach, CA, USA

iTrader: (0)

Quote:
Originally Posted by chip2058 View Post
True but it says he was going 42 mph and the light had been red for .7 seconds. Therefore if he was just flowing with traffic and didn't catch the yellow he could not have possibly had enough time to stop the car safely :-)
Yeah, but that excuse won't fly because the yellow light was supposed to give him ample opportunity to stop. The fact that he's still going 42 when the light turned red means that he wasn't likely trying to accelerate through it (too slow) but that he probably wasn't paying attention and didn't catch the yellow light at all.

While the action wasn't likely done on purpose, it was still done and is still illegal and ticketable.
Appreciate 0
      08-31-2011, 09:24 PM   #19
j2m
Colonel
j2m's Avatar
Canada
180
Rep
2,446
Posts

Drives: '11 E92 M3 DCT
Join Date: Jun 2011
Location: Calgary, Ab

iTrader: (8)

Garage List
2011 BMW E92 M3  [10.00]
Yeah, that definitely does not look like you driving
I just got a speeding ticket in the mail, from my recent visit to AZ. The pic was crystal clear, my face and my kids in the back seat. That sucked!
Get a passport, mine goes nuts every time there's a red light cam!
__________________

11' E92 M3 Space Grey | DCT | ESS VT2- 625 | Gintani Race (valved) + Quad Res Catless X-Pipe | KW Sleeve's | GC Camber Plates|Arkym Diffuser | Vorsteiner VRS Lip | P3 Boost Guage | Stud Conversion
PHOTO's: Click Here ESS VT2 625 PHOTOS: Click Here
Appreciate 0
      08-31-2011, 09:25 PM   #20
nogard13
Second Lieutenant
nogard13's Avatar
34
Rep
221
Posts

Drives: 2006 325i
Join Date: Mar 2010
Location: Durham

iTrader: (0)

Quote:
Originally Posted by chip2058 View Post
True but it says he was going 42 mph and the light had been red for .7 seconds. Therefore if he was just flowing with traffic and didn't catch the yellow he could not have possibly had enough time to stop the car safely :-)
I did the calculations, and he would've been traveling at roughly 62 feet per second. That means he's traveled about 43 feet since the light turned red, but his tires are only about 3 feet past the line.

However, there are still no witnesses as to who the driver is and the burden of proof still falls on the state. If the owner denies driving, and then observes his legal right to remain silent past that, there won't be enough evidence to prove guilt. However, since these are handled in Traffic Court, and Traffic Court is civil, not criminal, the burden of proof is fairly easy to determine. It is worth a shot, though. As is arguing for the Equal Protection clause.

You also have a right to face your accuser, so all maintenance records and data pertaining to that camera are available to subpoena. Maybe you'll find that it hasn't been serviced in a while and it's past it's date? Also, the speed measuring device should fall under scrutiny, since it has to be inspected, calibrated and certified every X amount of time, and it has to be done by an approved, independent party.

I once got out of a ticket by asking the right question at my traffic hearing. I asked the cop if he had calibrated the radar gun he used that day, and he said "yes, I calibrated it at the beginning and end of my shift." I then turned to the judge and quoted the California Vehicle Code, which states that the radar guns can only be calibrated by an independent third party (at the time, only UC Davis was certified to calibrate for the entire state). The judge had to throw out my ticket. Of course, what the cop meant to say was that he checked the equipment, not that he calibrated it, but not everyone will catch on to that question and he cannot recant his testimony or else everything he's said in court becomes suspect.

Again, good luck.
Appreciate 0
      08-31-2011, 09:45 PM   #21
issabmw
cool beans
United_States
63
Rep
1,364
Posts

Drives: 325xi
Join Date: Mar 2010
Location: FL

iTrader: (2)

Nice bumper.

Bummer though
Appreciate 0
      08-31-2011, 09:52 PM   #22
username604
Colonel
username604's Avatar
United_States
124
Rep
2,554
Posts

Drives: bmw
Join Date: Sep 2010
Location: repair shop

iTrader: (0)

Garage List
2008 BMW 335i  [10.00]
Quote:
Originally Posted by nogard13 View Post
I did the calculations, and he would've been traveling at roughly 62 feet per second. That means he's traveled about 43 feet since the light turned red, but his tires are only about 3 feet past the line.
I haven't read all of your posts, but from what i understand, that picture shows his two front wheels passing the line 0.7 seconds after the light turned red. Also, yellow means slow down, not try to catch the light. Lastly, the cameras (at least in SoCal) take pictures from all sides including the front (and therefore into the cabin) and a video recording of the event.
I've been flashed at, and i never received a ticket, i believe you have a .3-.4 second buffer of running a red light depending on the speed limit.

Last edited by username604; 08-31-2011 at 09:57 PM..
Appreciate 0
Reply

Bookmarks


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off



All times are GMT -5. The time now is 12:33 AM.




e90post
Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2024, vBulletin Solutions Inc.
1Addicts.com, BIMMERPOST.com, E90Post.com, F30Post.com, M3Post.com, ZPost.com, 5Post.com, 6Post.com, 7Post.com, XBimmers.com logo and trademark are properties of BIMMERPOST