Washington Code 46.63.075 – Safety camera infractions — Presumption
Current as of: 2023 | Check for updates
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(1) In a traffic infraction case involving an infraction detected through the use of an automated traffic safety camera under RCW 46.63.170, detected through the use of a speed safety camera system under RCW 46.63.200, 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, 46.63.200, 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.
Terms Used In Washington Code 46.63.075
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Oath: A promise to tell the truth.
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2) This presumption may be overcome only if the registered owner states, 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.
[ 2023 c 17 § 2; 2012 c 83 § 6; 2011 c 375 § 7; 2011 c 375 § 6; 2010 c 249 § 7; 2005 c 167 § 3; 2004 c 231 § 3.]
NOTES:
Contingent effective date—2011 c 375 §§ 5, 7, and 9: See note following RCW 46.63.030.
Intent—2011 c 375: See note following RCW 46.63.180.
Contingent effective date—2010 c 249: See note following RCW 47.56.795.