Houston Red Light Cameras (Howe: appointed, attorney, zoned)

[Mommy/Artist/Lawyer]

Shortly after the Thanksgiving holiday I was pulled over by HPD after passing through the intersection of Pease and La Branch. I am a very careful driver and had just left Discovery Green Park with three boys and a toddler in the car so I was at a loss as to why the officer was pulling me over. When he told me it was for running the red light at Pease and La Branch I was stunned because I was under the impression that I had just pulled away from a dead stop at the light. So either I completely hallucinated a green light or the officer made up the infraction to fulfill his ticket quota for the month. If I had been alone without anyone to confirm my perception of events I would probably be inclined to think I had just zoned out. However, the officer's odd demeanor and my twelve year old front seat passenger's adament confirmation that I had not gone through a red light made me want to contest the ticket. It has since come to my attention that there is red light camera at that intersection and so it would seem logical that running that particular light would automatically generate a citation in the mail. Since I have yet to see a red light camera citation to confirm the officer's claim I am suspicious. I am not a criminal attorney so I have no expertise about how the ticket courts work in Houston but I thought I could speak with the prosecutor before my court date and ask for a copy of the photo of my car passing through the red light. A photo would eliminate any doubt in my mind and I would have no reason to contest the ticket. I was disappointed to learn that the court is not happy to have you speak with the prosecutor in advance of your court date or to answer questions about who the custodian of records is for the red light camera program. It seems the preferred response to a ticket in Houston is "I'll take deferred adjudication or defensive driving." So I thought perhaps some of the super informed folks on City Data might have some helpful information or thoughts.

[oceangaia]

My understanding is that you do not "automatically" get a citation in the mail from a red light camera. Alleged violations go to a designated police officer(s) who reviews the photo evidence and decides if a citation is warranted. That's how they weed out legal right turn on reds, technical errors, and violations triggered by traffic gridlock, etc. I don't know if it's the case but it's possible they also pull ones where an officer issued a citation in person, to avoid double ticketing for the same offense.

To be honest, there are so many traffic offenses being committed that it would seem unnecessary for an officer to just blatantly make up something to meet a quota.

[Mom2Feebs]

Wow, I dunno, but that just SUCKS!! I am sorry you are dealing with that.

[Poltracker]

Send an open records request letter to HPD CRRR (keep a copy for yourself) requesting the information. By law, they have 10 days to respond to you. They may also charge you reasonable fees for making a copy. Take a copy of any correspondence with you to your court date. If they respond that there is no record, you have definite proof that you did not run the light, as no records are kept when a person does not run a light. You will have to call HPD to find out who to address an open records request to. You should also send the same letter to the city attorney's office. Since the camera is a civil violation it may fall under their jurisdiction as opposed to HPD.

[texas7]

If it were a camera intersection - there would be no need for an officer to ticket you. Some intersections have a device that can look like a camera but it is actually to help monitor the signals and when they change to control traffic flow. So it is possible that it was not a camera intersection. Go look at KPRC's Web site, they used to have a list of the camera intersections.

[oceangaia]

The officer might have just happened to be there. I doubt that an officer who actually observes someone run a red light is going to do nothing and let the camera deal with it.

[JL]

If you feel that you didn't run the red light, then contest it in court. Tell the judge that you would like to see the video clip of your infraction to see if you did in fact violate it, if they can't provide it, then plead not guilty.

[Wysiwyg]

woah i'm there everyday! thanks for the heads up. and sorry about all this

[JL]

you guys notice the red light camera flashes pretty brightly at milam and anita downtown(where High Fashion furniture store is located) ?

[Mommy/Artist/Lawyer]

Hey everyone thanks for the sympathy and the advice. The open records request is a good suggestion and definitely cheaper than subpoenaing the custodian of records. Diver Todd I wish I could rest easy in the knowledge that every member of Houston Police Department is beyond reproach but I have know too many cops on a personal basis to be pollyanna about what an individual police officer may or may not do. They are not any different than any other line of work and every profession has its bad actors. Heck for all I know he may have been in a bad mood and pulled me over just to jack with my day.