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Nathan, if it is photo-radar, then the owner of the car is liable for the fine, but they are not penalized on their driving record as they would be if caught specifically in the act. With photo radar, it is more of a money grab by localities instead of being a punitive thing for a crime, which is why they tend to set them up in locations where normally law abiding drivers might make a mistake and get caught, such as after a sign changes the limit or in a clear area with a downgrade.
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