2012-05-16

How to beat a Red Light Camera Ticket? Red Light Camera Ticket? You Can Fight It!!!

 Red Light Camera Ticket? You Can Fight It!!!

 Wow, have you ever run a red light and then see that red light camera flash bulb go off?  Then, just as expected, that nasty ticket came in the mail?  You knew you were a goner, right?  Well, maybe not! A California Appeals Court recently came down with a decision in The People v. Tarek Khaled which rendered the photographs inadmissible as hearsay and, on that basis, overturned a the conviction for running a red light based on the red light photo!

The ruling, in part, reads as follows: "To be more specific, the photographs contain hearsay evidence concerning the matters depicted in the photographs including the date, time, and other information."  Here are some relevant bullet points:
  • Person who entered relevant info into camera-computer system did not testify
  • Person who entered that information was not subject to cross-examination
  • Person(s) who maintain the system did not testify
  • No one with personal knowledge testified about how often system is maintained or how often date and time are verified or corrected
  • Custodian of records for company that contracts with city to maintain, monitor, store, and disperse the photographs did not testify
  • Person with direct knowledge of workings of the camera did not testify
  • The person who did testify, Santa Ana Police Officer Alan Berg, had attended a training session in the distant past about the overall workings of the system.  He could not testify about specific procedure for programming and storage of system information
Bottom line: All is not lost!!!  Hire yourself an attorney experienced in red light camera tickets.
Here are some interesting and useful red light camera links:
Photo Enforced Camera Database: Intersections, Locations and Fines throughout U.S.
Los Angeles Police Department Photo Red Light FAQ's
Fighting Red Light Camera Tickets: HighwayRobbery.net
National Motorists Association: All Kinds of Interesting Links about Red Light Cameras
My Past Traffic Ticket Postings: Some very interesting articles
Hey, I'm not advocating that you run red lights.  Obviously it's always safety first. 

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