The Safety Camera Infraction Presumption: WA State
If you’re the unlucky recipient of safety camera infraction in the state of Washington, and you’re the registered owner of the vehicle that was ticketed, then you may face a fundamental presumption (hereinafter, “Safety Camera Infraction Presumption”) — that you are the person operating the vehicle when the violation occurred. Fortunately, however, this presumption can be overcome. Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).
THE SAFETY CAMERA INFRACTION PRESUMPTION
According to RCW 46.63.075(1):
In a traffic infraction case involving an infraction detected through the use of an automated traffic safety camera under RCW 46.63.170 or detected through the use of an automated school bus safety camera under RCW 46.63.180, proof that the particular vehicle described in the notice of traffic infraction was in violation of any such provision of RCW 46.63.170 and 46.63.180, together with proof that the person named in the notice of traffic infraction was at the time of the violation the registered owner of the vehicle, constitutes in evidence a prima facie presumption that the registered owner of the vehicle was the person in control of the vehicle at the point where, and for the time during which, the violation occurred.
RCW 46.63.075(1).
OVERCOMING THE PRESUMPTION
As the registered owner, an individual may overcome the Safety Camera Infraction Presumption by stating under oath in a written statement to the court or in testimony before the court that the vehicle involved was, at the time, stolen or in the care, custody, or control of some person other than the registered owner. RCW 46.63.075(2). Obviously, you want to tell the truth throughout the process.
LEARN MORE
If you would like to learn more, then consider contacting an experienced Washington State Attorney as soon as possible to discuss your case. Please note: the information contained in this article is not offered as legal advice and will not form an attorney-client relationship with either this author or Williams Law Group, PS; please see our DISCLAIMER.
