What is the name of your state? Albuquerque, New Mexico.
I know that the city enacted the speeding cameras and redlight cameras under the public nuisance laws so that they don't fall under the same rules as traffic violations.
I have two problems with a single ticket I got.
1) I know for a fact that I was going slightly under the speed limit because the camera was constantly flashing the whole time I was approaching and continued to do so whether there was traffic or not. I thought this was very strange and slowed slightly as I approached the intersection. It said I was doing 46 in a 35 and I know I was going about 31 (my speedometer is only marked for 10's and I was barely above 30.)
2) This whole public nuisance thing is wrong and I have no idea what to legally do about it. Because it is public nuisance and not moving violation then it doesn't go on my driving record or insurance, but I shouldn't pay for something I'm not guilty of.
As far as my ticket, I was told to not respond because they are mailed first class and there is no proof you got it. The next step is for them to try to serve you in person. Is there a statute of limitations on this if I were to go this route? I would really like to explain the problem, but I'm afraid they will say there is no proof of what I'm saying and make me pay the ticket. How should I really handle this ticket and how do I prove the camera was out of whack?
I know that the city enacted the speeding cameras and redlight cameras under the public nuisance laws so that they don't fall under the same rules as traffic violations.
I have two problems with a single ticket I got.
1) I know for a fact that I was going slightly under the speed limit because the camera was constantly flashing the whole time I was approaching and continued to do so whether there was traffic or not. I thought this was very strange and slowed slightly as I approached the intersection. It said I was doing 46 in a 35 and I know I was going about 31 (my speedometer is only marked for 10's and I was barely above 30.)
2) This whole public nuisance thing is wrong and I have no idea what to legally do about it. Because it is public nuisance and not moving violation then it doesn't go on my driving record or insurance, but I shouldn't pay for something I'm not guilty of.
As far as my ticket, I was told to not respond because they are mailed first class and there is no proof you got it. The next step is for them to try to serve you in person. Is there a statute of limitations on this if I were to go this route? I would really like to explain the problem, but I'm afraid they will say there is no proof of what I'm saying and make me pay the ticket. How should I really handle this ticket and how do I prove the camera was out of whack?
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