A district court judge has ruled that the speed camera in the 4300 block of Jones Bridge Road in Bethesda (between Connecticut and Wisconsin avenues) was improperly placed, according to the Montgomery County Police Department, which said it disagreed with the ruling. 

A $40 speed camera fine issued on Sept. 5, 2012, to attorney Robin Ficker—who has a law office in Bethesda—was invalidated Monday by District Court Judge John Moffett, who ruled the camera was placed improperly, according to a police department press release disputing the ruling.

According to the Maryland Code, a speed-monitoring system may be placed on a highway in a residential district with a maximum posted speed limit of 35 mph (the speed limit must have been established using "generally accepted traffic-engineering practices"), or in an established school zone, police reported.

The speeding ticket was dismissed based on the court's interpretation that the speed camera was not located in a residential district, according to the police statement.

"Mr. Ficker’s argument was that the speed camera was not placed within 300 feet of a residence," the statement said. "The law, however, states that the speed camera must be placed on a roadway that contains at least 300 feet of residences, not that the speed camera must be placed within 300 feet of a residence." 

The police statement does not indicate that the camera will be taken down.

A police department spokesperson could not be reached for comment.