OP hasn't answered my question: What did the citation actually list as the offense? 38 in a 35? I doubt that was the offense.
38 in a school zone? More likely but we don't know unless the OP actually tells us.
If indeed it's a school zone violation then it would come down to the driver's word regarding the flashing, or the LEO's word regarding the flashing. Good luck with that one.
As far as OP's partner's experience with the speed cam, I've been nailed that way, and my understanding is that you don't get any points because in the absence of an actual face-to-face meeting with the LEO, who checks driver's license, there is no proof of who was actually driving. So the actual citation is that your car, identified by license tag, was speeding, and for that you are responsible for paying a fine. In my case it was within the borders of DC, I was on my way to NY from TV, and it was definitely my car. I am generally not a speeder, but I'm pretty sure it was on some ramps in between highways where the limit dropped, and I missed it. I do know that cars were generally passing me by 10 or 20 mph, some giving me the finger for going so slowly.
I wasn't happy about it, but I also figured that at least I didn't get pulled over, and waste 45 minutes sitting there while going through the whole procedure of a traffic stop.
|