Further Evidence Required for School Zone Speed Tickets

Photo by Todd Morris on Unsplash

Additional Evidence Required to Establish a School Crossing Zone for Virginia Camera Tickets

House Bill 2718 went into effect on July 1, 2025 and requires that cameras for photo speed monitoring devices not only confirm the speed of a vehicle, but that other evidence be introduced to demonstrate that a portable sign or tilt-over sign or blinking sign is activated, indicating the school crossing zone was in effect at the time of the alleged speed violation.

The new amendment to § 46.2-882.1 adds the following to subsection D:

“However, for any photo speed monitoring device placed in a school crossing zone, such sworn certificate or facsimile thereof shall not be prima facie evidence of the facts contained therein unless such photographs, microphotographs, videotapes, or other recorded images, or documentation, depict or confirm a portable sign or tilt-over sign that is in position or blinking sign that is activated, indicating the school crossing zone pursuant to § 46.2-873, at the time of such vehicle speed violation (§ 46.2-882.1(D), emphasis added).

This change in the law will protect drivers from being wrongfully charged with speeding through a school zone during “off” hours. However, should an active school zone warning sign be present and “depict[ed] or confirm[ed]” through various documentation, this fact will be used as “prima facie evidence” against drivers. Penalties for receiving a camera speeding ticket in a school zone will remain the same; namely, a civil penalty and a fine of $100.00.

The previous law already stated:

“If a photo speed monitoring device is used, proof of a vehicle speed violation shall be evidenced by information obtained from such device. A certificate, or a facsimile thereof, sworn to or affirmed by a law-enforcement officer, based upon inspection of photographs, microphotographs, videotapes, or other recorded images produced by a photo speed monitoring device, shall be prima facie evidence of the facts contained therein” (§ 46.2-882.1(D)).

Virginia law requires that any speed cameras be properly calibrated within 12 months of the offense date. (See § 46.2-882)

Because a speeding ticket of this nature is a civil penalty, it is usually not worth contesting in court. They are usually hard to beat and as a civil penalty, it doesn’t carry any demerit points. However, if you believe you have been wrongfully charged with speeding through a school zone, the citation you received in the mail should give you an option to schedule a hearing and appear in court to fight the charge. Note that you may be accessed additional court costs in addition to the $100.00 fine if you take the case to court and are found guilty.

Read about other new Traffic Laws in Virginia Effective July 1, 2025.

If you have a traffic matter in the Hampton Roads or Eastern Shore of Virginia, please contact us at (757) DUI-HELP (384-4357) or visit this link to book a consultation.

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