Virginia Speed Camera Problems

VA's Speeding Camera Violations Should be Challenged in Court Across the State

A Courtroom Win in Harrisonburg, VA: Fighting a Speed Camera Ticket

On June 21st, my father’s truck was caught speeding by a camera in Harrisonburg, VA, and a ticket was sent to me as one of the joint owners. The violation was recorded as 44 mph in a 25 mph zone, and I received the ticket even though I wasn’t driving. This experience led me to challenge the ticket in court—and win. But beyond my case, this situation could have much wider implications for anyone facing similar charges across Virginia.

Understanding the Law: Code of Virginia § 46.2-882.1

Virginia law (§ 46.2-882.1) creates a rebuttable presumption that the owner of a vehicle is guilty of a speeding violation if caught by a speed camera. This presumption applies unless the owner rebuts it by providing evidence that they weren’t the driver at the time of the violation.

In cases where there are multiple owners of the vehicle, the law still applies to both owners. If only one of the owners is charged, it raises the issue of a violation of constitutional rights under the 5th and 14th Amendments—specifically, due process and equal protection under the law.

The Problem With Selective Charging

In my case, the key issue was that I was charged with the violation, but my father—also a registered owner—was not. The City of Harrisonburg arbitrarily chose to charge me based on the fact that my name appeared first on the vehicle registration. This selective charging was not only arbitrary, but it violated my constitutional rights. Under the law both owners should have been presumed guilty unless one could rebut the presumption. Either an investigation into who was driving must be performed or both owners must be charged. 

This raises a broader issue: How many other cases in Harrisonburg, or even across Virginia, involve similar violations of constitutional rights where only one owner was charged for a speeding violation despite there being multiple owners?

Statewide Ramifications

The statute at issue here—Code of Virginia § 46.2-882.1—applies statewide, meaning that the improper handling of joint ownership cases might not be limited to Harrisonburg. If other cities and counties across Virginia have made the same mistake, the potential statewide implications are significant. Countless people may have had their constitutional rights violated if localities across the state have only charged one owner of jointly owned vehicles caught in speeding violations.

This could open up a path for further legal challenges, class action lawsuits, or even changes in how localities handle speed camera tickets moving forward.

What You Can Do if You Receive a Ticket

If you receive a ticket from a speed camera in Virginia and you’re one of two or more registered owners, check to see if both owners were charged. If only you were charged, this may violate your rights to due process and equal protection. You can raise this issue in court, as I did, to potentially get the ticket dismissed.

How I Won in Court

When my case was called, I pointed out that the vehicle had two registered owners, yet only I was charged. The officer admitted that the reason was because my name was listed first on the registration. The judge immediately stopped the proceedings and dismissed the case, recognizing that this selective charging was unconstitutional.

Wider Implications: Are More People's Rights Being Violated?

What happened in my case raises a serious question: How many other people’s rights have been violated? If cities like Harrisonburg aren’t applying the law correctly when vehicles have joint ownership, there could be widespread violations. And since this is a statewide statute, this problem may not be isolated to one city.

This issue has the potential to affect anyone in Virginia who shares ownership of a vehicle and gets a ticket from a speed camera. It could also prompt larger legal challenges or force localities to change how they handle such cases in the future.

Key Takeaways

1. Virginia law presumes the vehicle owner is guilty of speeding when caught by a speed camera.
2. If there are two or more owners, either an investigation should be performed or both should be charged—if only one is charged without an investigation, it may violate constitutional rights.
3. The issue could have statewide implications if other localities are making the same mistake as Harrisonburg.
4. Challenge selective prosecution: Raise the issue in court, and you might get the ticket dismissed, just as I did.