Is it considered entrapment, if I get multiple speed camera tickets and they can’t confirm it was me driving?

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Is it considered entrapment, if I get multiple speed camera tickets and they can’t confirm it was me driving?

I have gotten multiple speed camera
tickets but none of them actually prove
the photos that around the ticket
that I was the one that was driving.

Asked on March 15, 2017 under General Practice, Iowa

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, that is not entrapment. Entrapment is where the government creates a situation in which no crime would have been committed but for the government "staging" it to capture someone--for example, where the government creates a fake tax service that reaches out to customers (the customers did not initiate the conversation) to tell them that the service could file a fraudulent return for them that will get them a large refund. In this case, law-abiding citizens are being tempted to  commit crimes. That is not the scenario you describe.
If you feel the photos do not prove the government's case against you, you could certainly challenge them in court (assuming you plead not guilty and opt for a trial) and try to show that the car does not look like yours, or that you can't see the license plate, or the driver, etc.
Be aware that if the car is registered to you and the photos ID the car, the court will presume you were driving (and hold you liable) unless you identify the specific other person (e.g. a spouse or significant other) who was--the photos do not have to show your face.


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