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Old 02-23-2012, 11:45 PM
 
Location: Sacramento
13,461 posts, read 16,136,408 times
Reputation: 5261

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The 2nd District Court of Appeal issued a unanimous decision (B229748), stating that a driver could not be fined (amount was $425) because the officer who signed the ticket didn't witness the incident, instead depending on employees who maintained the photo system and reviewed pictures.

This apparently violated a state law requiring "a witness to testify as to the identity of the record and its mode of preparation in every instance", and since the officer did not verify the integrity of the photo system, the photographic evidence was inadmissible.

So now anyone who receives a red light photo ticket anywhere in California can apparently use this appellate court decision challenge it.


Dan Walters: California's red light cameras in jeopardy - Sacramento Politics - California Politics | Sacramento Bee
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Old 02-24-2012, 11:53 AM
Status: "Another one bites the dust..." (set 2 days ago)
 
20,440 posts, read 13,108,455 times
Reputation: 17456
Interesting. My wife got a ticket for the same exact violation a couple of years ago.

However she was able to go down to the police station and view the video of her violation.

So I'm guessing not all agencies rely on out of state monitoring companies for the violation info. I'll have to dig that up and look.

I wonder if there is any recourse if it turns out the same company was involved in her ticket?
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Old 02-24-2012, 12:52 PM
 
Location: Poway
1,089 posts, read 1,032,562 times
Reputation: 419
Quote:
Originally Posted by Bulldogdad View Post
Interesting. My wife got a ticket for the same exact violation a couple of years ago.

However she was able to go down to the police station and view the video of her violation.

So I'm guessing not all agencies rely on out of state monitoring companies for the violation info. I'll have to dig that up and look.

I wonder if there is any recourse if it turns out the same company was involved in her ticket?
Years ago I was cited for a right turn on red without stopping. The source was a red light camera. They mailed the citation to my house with a link printed to a web site that showed video of me making the right turn. It had most angles and several still shots.

I paid the $430+ and traffic school.

Didn't know about this at the time, but you can challenge most citations in California by mail. It is called 'trial by declaration'.

Plenty of good explanations exist on the net, so I won't try to explain it here in detail.

A friend of mine's wife was able to get a citation dismissed by using trial by declaration.
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Old 02-24-2012, 01:13 PM
Status: "Another one bites the dust..." (set 2 days ago)
 
20,440 posts, read 13,108,455 times
Reputation: 17456
Quote:
Originally Posted by futbol View Post
Years ago I was cited for a right turn on red without stopping. The source was a red light camera. They mailed the citation to my house with a link printed to a web site that showed video of me making the right turn. It had most angles and several still shots.

I paid the $430+ and traffic school.

Didn't know about this at the time, but you can challenge most citations in California by mail. It is called 'trial by declaration'.

Plenty of good explanations exist on the net, so I won't try to explain it here in detail.

A friend of mine's wife was able to get a citation dismissed by using trial by declaration.
Yes I am aware of trial by declaration and actually used in in the 1990's to get a speeding ticket dismissed because of improper signing of the speed limit.

However in this case because my wife actually observed her violation she didnt want to contest, paid the fine and went to traffic school.
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