Legal Question in Traffic Law in Louisiana

I received a red light camera violation in the mail and I am wondering if any of these will help me in the adjudication hearing. My wife was driving, but the vehicle is under my name first. She was making a right on red and passed the crosswalk when it was yellow but was not into the intersection when the light turned red.

1. The citation is from July 1, 2009 and I received it in the mail on Sept 12, 2009. When I called they said that it was issued on July 4th and was mailed. It was returned and they reissued it the "first time" on September 10, 2009. The local ordinance states that they have to mail it within 30 days and it is assumed delivered in 10 day. I have been at the same residence for 1.5 years, so there is no reason it should have been returned. Can I ask that they produce proof of the returned envelope since I have proof of when it was sent on Sept 10th? Can I get this violation dismissed if they don't produce the proof of original mailing? Does the computer printout serve as necessary proof of the original mailing?

2. The local ordinance does not distinguish between stopping at a red light and then turning right, which state law allows, and approaching a red light and turning right without stopping. Can I use this argument to get this citation dismissed?


Asked on 10/19/09, 5:52 pm

1 Answer from Attorneys
Adam Lambert The Law Office of Adam S. Lambert

All of those are possible defenses. Before you fight it, know that even most attorneys pay those camera tickets. Although they can be expensive, they are not reported to your insurance company as a moving violation (e.g., they don't go on your driving record).

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Answered on 10/27/09, 5:26 pm


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