Do I Have To Pay A Red Light Camera Ticket?
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At Rector Stuzynski Law Firm, we fight to recover the compensation you deserve. You focus on healing. We handle the rest.
At Rector Stuzynski Law Firm, we fight to recover the compensation you deserve. You focus on healing. We handle the rest.
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In the summer of 2023, Colorado passed a law that says when a citation is sent to the registered owner of a vehicle via first class mail, it has been served. It no longer matters if it was sent to an old address, or you claim you did not get it in the mail. Personal service is no longer required to require the recipient to pay the ticket. The information in the remainder of this article refers to the state of the law prior to this change in the summer of 2023, and accordingly, is no longer valid. If you have received a citation in the mail, you should consider yourself subject to penalty and payment unless you can demonstrate that the citation was sent to you in error, or that someone other than you was driving the car. This is now an affirmative obligation to prove you were not responsible to pay the citation.
If you’ve gotten a ticket from a red light camera or a photo speed van, you may be wondering if the ticket is a suggestion or if it has legal merit. These photo enforcement citations are in somewhat of a legal gray area as they are not treated as normal citations issued by a local police officer in person. The short answer is that YES, the tickets are legal and enforceable. However, there are ways to approach them strategically depending on your situation. This article will break down the key considerations when dealing with a red light camera citation.
Even though photo enforced tickets are legal in Colorado, there are a few things to be aware of that may help you better understand your options.
These mailed tickets come with a response deadline. Ignoring the initial mailed notice itself is not automatically subject to penalties. However, failure to respond may result in a Penalty Assessment Notice (PAN) being served within 90 days of the offense.
If you are personally served or receive certified notice, you must respond and potentially appear in court. If proper service does not occur within 90 days, the citation may not be enforceable depending on jurisdiction. Rules can vary depending on whether the violation is handled at the county or municipal level, so it is important to review local procedures carefully.
If you were not the driver, you may file a “not pictured driver” affidavit stating that you were not operating the vehicle. This must be submitted before the response deadline and will require identification verification.
If it is confirmed that you were not the driver, the citation may be dismissed. Providing false information, however, can result in criminal charges, so accuracy is critical.
You are not required to identify the actual driver. You only need to demonstrate that you were not the person operating the vehicle.
Another option is to plead not guilty and appear in court. This may apply in situations where you believe there were valid circumstances, such as emergency situations or unsafe road conditions. However, there is no guarantee the court will accept your reasoning.
You may also review the intersection for proper signage indicating photo enforcement. If signage is missing or unclear, this could potentially impact the validity of the citation.
You may request a review of your citation, though this is discretionary and not guaranteed. Reviews are typically limited to verifying whether a violation occurred or whether the correct vehicle was identified.
Red light camera tickets generally do not carry points on your driver’s license because they are not reported to the Department of Motor Vehicles.
Fines are typically lower than standard citations. For example:
Choosing how to proceed involves weighing the risk of escalation. If you ignore the notice and are later properly served, you may be required to appear in court and potentially face higher penalties.
For many individuals, the most practical decision is to pay the fine and avoid additional complications, even if the situation feels frustrating.
Photo enforcement is not limited to red light violations. It may also include:
Stopping beyond crosswalk lines, which can create safety hazards for pedestrians. Learn more about pedestrian accidents.
Speed enforcement through photo radar vans in residential zones, construction zones, and near parks.
If you have received a photo enforcement citation, understanding your rights and options is key. While our firm focuses on injury cases, we believe it is important for the public to stay informed.
Our Colorado car and auto accident lawyers are available to answer questions and assist with accident-related claims. We offer free consultations and are available 24/7.
We provide clear, practical guidance on personal injury claims and the legal process so you can understand your options and move forward with confidence.
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