Photo Radar Defenses

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My speedometer was broken.  Is this a defense to my photo radar violation?

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No, as with any traffic violation, equipment malfunction is not a defense.  See Boulder Revised Code section 7-2-7.

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Another driver near me was exhibiting signs of road rage, and I felt that the safest thing to do was to speed up and get away from the area.  Can I get my case dismissed?

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No, not unless the circumstances established a necessity defense.  Besides, law enforcement officers and driving instructors uniformly recommend slowing down or turning off when you encounter such a driver.  Speeding up is the worst reaction as it is likely to escalate the road rage. 

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I was driving with the flow of traffic.  Isn't this a defense?

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No.  While some driving manuals promote this practice, the law requires that the driver of a vehicle follow the posted speed limit.

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I was behind a large truck that blocked my view of the school zone light.  Will the prosecutor dismiss my case?

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The law requires that the driver of a vehicle drive in a manner that permits the vehicle to be operated in compliance with all applicable traffic laws.  This includes driving behind a large truck, SUV, or bus at a sufficient distance to see traffic signals and signs. 

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Doesn't "Photo Enforcement" violate my constitutional rights?

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Automated vehicle identification systems ("photo enforcement systems") are authorized by both the State of Colorado (C.R.S. 42-4-110.5) and the City of Boulder (Boulder Revised Code section 7-4-74).  Both laws have been upheld against constitutional challenges.  Further, Boulder's photo enforcement program has always been operated in compliance with state law.

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Are there any valid defenses to a photo radar violation?

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The only valid defense is the "Necessity" defense.  See Boulder Revised Code section 7-2-6.  This defense has multiple conditions that must be satisfied in order to be valid.  If you think you have a Necessity defense, come to court on your scheduled court date to discuss it with the prosecutor.

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Last Updated on Wednesday, 08 April 2009 02:46