How To Get A Red Light Camera Ticket Dismissed
Red Low-cal Photographic camera Tickets in California
In recent years, police enforcement officials have taken further regulatory activeness by having cherry-red light cameras installed at numerous street intersections throughout California. These devices are intended to prevent drivers from running red lights in an attempt to decrease the number of deaths resulting from accidents caused by unsafe driving.
How Do You Go a Cherry-red Light Photographic camera Ticket?
A red light photographic camera is triggered if a vehicle passes over a sensor in the intersection when the calorie-free is ruby-red. The camera then takes photos of the commuter and the vehicle'due south license plate. If you are defenseless running a red light where a photographic camera is present, you will see several flashes as yous run through the intersection. A ticket is and then mailed to you, if y'all are the registered owner of the vehicle. Within the mailed envelope is a re-create of your citation, the dollar corporeality you must pay in fines and an attachment of the photo evidence taken of y'all at the time y'all ran the cerise low-cal. In that location is also enclosed information to instruct you on how to challenge your traffic ticket. If you lot cull to fight your traffic ticket, yous should hire an experienced traffic attorney to get you the best result possible in your instance.
Who Is Liable to Pay the Ticket If the Driver Was Not the Registered Owner?
California police states that the driver cited for a traffic violation is liable for the ticket, not the vehicle's owner. However, if your vehicle is captured running a ruby light by a red calorie-free camera, the ticket will be mailed to your accost. Thus, if you receive a red light camera ticket in the mail but y'all were not the person driving, you should hire an attorney to challenge the ticket.
If a friend or family member was driving your car, the Guess might ask you lot to identify the person in the photograph. It is of import to note that you are not legally required to provide this information to the Judge. A knowledgeable traffic attorney should notify you of this and should heighten this argument in traffic courtroom. Thus, your ticket may be dismissed and the police agency volition and then have the burden of identifying the driver by matching the crimson light camera photograph to their driver'south license records. If the police bureau is successful in identifying the driver, they will transport the citation to said person via mail.
Information technology Is Possible to Fight Your Scarlet Light Camera Ticket
Many drivers think information technology is impossible to fight a scarlet lite photographic camera ticket, particularly when they see photo testify of themselves running a crimson light. Nevertheless, information technology may exist possible to fight your traffic ticket and vanquish the charges against you with a skilled traffic attorney.
Possible Defenses to Beat out a Cherry-red Light Camera Ticket
In that location are a number of defense strategies that your traffic chaser can raise on your behalf in lodge to crush your red light camera ticket:
- Was the Photographic camera Machine working properly?
An officeholder must present show that the scarlet light camera device was working properly on the mean solar day your ticket was issued. Your chaser may be able to notice bear witness that shows that the red calorie-free camera was not working properly on the day that your photo was taken.
- Are the images clear?
Your attorney may be able to challenge the photo's clarity, arguing that the evidence is not convincing enough to convict you. For example, atmospheric condition conditions or poor epitome quality may exist plenty to show that the identity of the person captured running the ruby-red calorie-free cannot exist proven beyond a reasonable doubt.
- Yous ran the red light to avoid an blow or greater harm
Your attorney may besides exist able to argue that you lot ran the red light to avert a serious accident or greater harm to yourself or another person. If this argument is convincing enough, the judge may observe that you acted out of "necessity," and may find yous non guilty.
Frequently Asked Questions
- Can I argue that I was issued a blood-red light camera ticket based on "hearsay"?
No. Hearsay is the legal term for testimony in a court proceeding where the witness does not have directly knowledge of the fact asserted, merely knows it but from being told by someone out of court. In certain cases, hearsay is testify that is inadmissible in court. However, Vehicle Code Section 21455.5(e) states: "The printed representation of computer generated information, video, or photographic images stored past an automated traffic enforcement system does not constitute an out-of-court hearsay statement by a declaration…" In other words, the machine is not a human, and thus cannot make a hearsay argument.
- Tin photos taken of me be used against me in courtroom, fifty-fifty if I was never cited by an officeholder?
Yeah. The California Supreme Court in the case People v. Goldsmith (2014), stated that images taken from scarlet light cameras are bear witness of traffic violations and tin can be used as such in court.
- Are crimson light photographic camera tickets ramble?
This is arguable. Although red lite camera tickets have been banned in 26 states, a contempo California Supreme Court example has ruled red low-cal traffic tickets are constitutional in California (People 5. Goldsmith).
Why You Should Rent an Attorney to Fight Your Carmine Calorie-free Camera Ticket
You should not attempt to fight your traffic ticket alone. The procedure involved in fighting your traffic ticket is complex. An experienced traffic chaser volition know the laws and procedures required to fight your case in court and can make several legal arguments against the photograph testify against you. In addition, your traffic attorney tin can argue on your behalf without y'all having to be present in court, saving you two trips to the courthouse and preventing yous from taking time off from work or schoolhouse.
Telephone call the Traffic Attorneys of Wallin & Klarich Today
If you lot or a loved ane has received a red lite camera ticket, it is disquisitional that y'all speak to an experienced traffic attorney. At Wallin & Klarich, our attorneys take over forty years of experience defending persons issued red light photographic camera tickets. Our attorneys volition fight to get you the best possible outcome in your instance.
With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich Southern California criminal defense attorney near you no matter where you work or live.
Call us today at (877) four-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you phone call.
Source: https://www.wklaw.com/practice-areas/fight-traffic-ticket-california/red-light-camera-tickets/
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