Virginia law allows folks to ignore red light camera tickets!

So now they say that they will forward them to collections (dont ask me how I know).

I assume that is more smoke being blown towards my posterior?

pyite said:

So now they say that they will forward them to collections (dont ask me how I know).

I assume that is more smoke being blown towards my posterior?

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And who said this?

This is not true in Virginia. Period.

Not sure what they're doing now, but some years ago, my now ex-wife got a red light camera ticket at the intersection of Pickett Street and Route 236 (where Little River Turnpike becomes Main Street upon entering Fairfax City). I grudgingly paid the ticket. Several weeks later, I got an ominous collection letter that appeared to be from Fairfax City (doubt that I can find it after all these years). The letter threatened criminal legal action for failing to pay the fine and subsequent "failure to appear" in court to present a defense. I dug out the cancelled check and called the Fairfax City court. They told me those letters were sent by the third party company that ran the red light cameras. They told me to ignore the collection letter. I'm not sure they even bothered to check to see if I paid. Kind of got the impression my call wasn't the first issue like this that they had had.

Friend of mine just got a school zone speeding ticket in Maryland

Trying to post the ticket for everyone's reference but having trouble removing his personal info from the pdf. Little help someone?

They got a nice photo of his "Guns Save Lives" magnet over his license plate!

Mike said:

And who said this?

This is not true in Virginia. Period.

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It says it on the second notice (which i ignored).

Great, Penn credit is calling my house.

"Virginia law allows folks to ignore red light camera tickets!"....great news!!....now, go ahead and run those red lights!!

So this morning, one of the lights got my vehicle. Wasn't me, but one of the other 10 people that have access to this vehicle. Once I was informed of the issue, I began my research.

Mike, you seem to know what your talking about.

I do have a concern about the ignoring the ticket. It appears that on November 9th 2012 something was revised. Can anyone help shed some light on it for me? Please?

http://www.virginiadot.org/info/photored.asp

http://blog.motorists.org/toss-your-virginia-red-light-camera-ticket/

oh, and couple year BUMP!

Mike said:

Fortunately in Virginia, the owner can simply attest that he is not the diver and their is no fine - moreover, the owener can simply ignore mailed tickets - PERSONAL service is required by law in order to penalize the owner - the localities will never pay for personal service

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Yo Mike!

Now that you are presumably a full fledged member of the Virginia bar, and given the passage of time, could you re-confirm this?

It would embolden me somewhat to know that any tickets I get and ignore on the basis of this thread will be picked up by your errors and omissions policy.

(Presumed Congrats, by the way!)

QUOTE=skygear;1874359]So this morning, one of the lights got my vehicle. Wasn't me, but one of the other 10 people that have access to this vehicle. Once I was informed of the issue, I began my research.

Mike, you seem to know what your talking about.

I do have a concern about the ignoring the ticket. It appears that on November 9th 2012 something was revised. Can anyone help shed some light on it for me? Please?
![/QUOTE]

§ 19.2-76. Execution and return of warrant, capias or summons; arrest outside county or city where charge is to be tried.
A law-enforcement officer may execute within his jurisdiction a warrant, capias or summons issued anywhere in the Commonwealth. A jail officer as defined in § 53.1-1 employed at a regional jail or jail farm may execute upon a person being held in his jail a warrant, capias or summons issued anywhere in the Commonwealth. A warrant or capias shall be executed by the arrest of the accused, and a summons shall be executed by delivering a copy to the accused personally.

§ 19.2-76.2. Mailing of summons in certain cases.
Notwithstanding the provisions of § 19.2-76, whenever a summons for a violation of a county, city or town parking ordinance is served in any county, city or town it may be executed by mailing by first-class mail a copy thereof to the address of the owner of the vehicle as shown on the records of the Department of Motor Vehicles.


§ 19.2-76.3. Failure to appear on return date for summons issued under § 19.2-76.2.
A. If any person fails to appear on the date of the return contained in the summons issued in accordance with § 19.2-76.2, then a summons shall be delivered to the sheriff of the county, city or town for service on that person as set out in § 8.01-296.

I'm not a lawyer, but it looks like you can do nothing until a sheriff hand delivers the summons. A friend recently received a "City of Newport News, Virginia PHOTOSafe Program Notice of Violation". You have 3 options according to the notice.

Option A: Make a payment and mail it to Ohio for some reason, or pay with credit card online and incur a $2.50 convenience fee.
Option B: Say you were not the driver, get the statement notarized, and mail it to the NNPD.
Option C: REQUEST a hearing.

I found it odd that it was just a NOTICE of violating an ordinance, but it never tells you that you HAVE to go to court on this day, or pay the fine by a certain date (like a normal ticket does). Also all the pictures he received were from the rear of the vehicle and did not include the driver.

since9 said:

Sounds like VA is somewhat schitzophrenic, in that one side is attempting to collect, and the other side is attempting to block.

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Government, obviously, is not a singular entity. So, to suggest that the commonwealth of Virginia is schizophrenic? Well, is probably more accurate than not. Heck, all states (commonwealths, providences, territories, federal areas, etc), ruled by their respective governing bodies, now that I think about it, since they are comprised of competing personalities in different circles and pecking orders, are probably indeed paranoid schizophrenics!

Gaidheal said:

Nope, not what I wrote. Nice try though. :¬)

If there is not time to stop you were travelling too fast on approach and that's precisely why the cameras have been rolled out. If there is not time to stop as the light goes to amber, however, you continue on your way and will not trigger the camera.

I suggest you learn to drive better and read better, soon. With respect, you have to be pretty poor at both to misread what I wrote and adavance the nonsense you just did.

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But this fact pattern is not always the case in the United States where each state and sometime locality is free to set their own yellow light times and speed limits. Many states and localities set their speed limits below the 80th percentile speed of free flowing traffic, and/or set yellow light times below the time calculated by the kinematic forumula - this is corruption so as to CREATE more red light violations; enbd result is both more accidents and more red light camera tickets.

This is sick. it must be stopped.

Kirbinator said:

Is it too much to ask that THE GOVERNMENT work WITHIN the law?

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In a word, yes. Apparently. If they did it would bring a lot of things to a screeching halt, including publishing photos of Michelle O.

Nightmare said:

There is no individual or office commissioned to enforce the law against the sovereign tyrant at any level, national, state or subdivision. The mere concept of sovereign beyond individual is anathema.

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Meanwhile, all civil, military, and law enforcement officers in the U.S. are expressly authorized in the "support and defend the Constitution" clause of their oath of office to ignore the edicts of any would-be tyrant. Put simply, it's their duty to do so, a duty which comprises one of the lesser know checks and balances of power in the U.S.

Alexandria, VA admits it - no penalty for ignoring mailed red light scammera ticket

http://alexandriava.gov/police/info/news_policedisplay.aspx?id=50174

SNIP

Q: What will happen if I ignore the violation notice?
A: If the registered owner of the vehicle fails to respond to the Notice of Violation within 60 days, a second notice is issued by REDFLEX. If no response is received, REDFLEX will mail a Final Determination Notice to the violator. If payment is still not received, then legal steps (in accordance with VA State Code 15.2-968.1 and 19.2-76) will be taken to serve the registered owner of the vehicle with legal notice. Service by mail is valid, however, it does not create a collectable or enforceable judgment.

And then so what do you do if you are personally served with red light camera ticket?

How about, if it was not you driving, you just say - wasn't me!

SNIP from Va. statute:

"D. In the prosecution for a violation of any local ordinance adopted as provided in this section, prima facie evidence that the vehicle described in the summons issued pursuant to this section was operated in violation of such ordinance, together with proof that the defendant was at the time of such violation the owner, lessee, or renter of the vehicle, shall constitute in evidence a rebuttable presumption that such owner, lessee, or renter of the vehicle was the person who committed the violation. Such presumption shall be rebutted if the owner, lessee, or renter of the vehicle (i) files an affidavit by regular mail with the clerk of the general district court that he was not the operator of the vehicle at the time of the alleged violation or (ii) testifies in open court under oath that he was not the operator of the vehicle at the time of the alleged violation. Such presumption shall also be rebutted if a certified copy of a police report, showing that the vehicle had been reported to the police as stolen prior to the time of the alleged violation of this section, is presented, prior to the return date established on the summons issued pursuant to this section, to the court adjudicating the alleged violation."

School bus camera surveillance in Virginia follows Virginia red light scammera rules

Key point on Virginia - no duty to respond to a MAILED red light or school bus camera ticket

If the registered owner (first name on title) is personally served - a rarity due to cost - then that person may go to court, state she was not the driver, and - case closed! no requirement to name other possible drivers etc.

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Mike said:

http://alexandriava.gov/police/info/news_policedisplay.aspx?id=50174

SNIP

Q: What will happen if I ignore the violation notice?
A: If the registered owner of the vehicle fails to respond to the Notice of Violation within 60 days, a second notice is issued by REDFLEX. If no response is received, REDFLEX will mail a Final Determination Notice to the violator. If payment is still not received, then legal steps (in accordance with VA State Code 15.2-968.1 and 19.2-76) will be taken to serve the registered owner of the vehicle with legal notice. Service by mail is valid, however, it does not create a collectable or enforceable judgment.

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