There is still a prevailing mentality that applied science is infallible — especially when it comes to red low-cal camera tickets. After all, isn't a photo of a robbery doubtable more than reliable than witness identification?

The problem is that there are a lot of assumptions made nearly the accuracy of devices and the circumstances under which images and information are captured. At first blush, the red light photographic camera seems to be unimpeachable evidence that a motor vehicle failed to come to an acceptable stop. But more than and more, people are realizing that it may exist worth mounting a challenge when issued a red light camera ticket.

How Red Light Cameras Work

Fifty-fifty though red low-cal photographic camera systems utilize pretty sophisticated components, the system blueprint is quite uncomplicated, consisting of cameras, sensors, and a estimator system. One or more cameras are mounted on poles and are angled toward the intersection in order to capture images of the vehicle from different angles and directions. When the sensors are triggered after the light turns red, the cameras snap a moving-picture show of the license plate — sometimes the driver and part of the vehicle as well. Officers use the footage to identify the registered owner of the vehicle. A traffic violation ticket is and so sent to the vehicle owner with the appropriate charge, fine amount, court date, and information about how to contest the ticket.

Interestingly, most of the reddish-light cameras in California are installed and operated not past the municipality, just past contracted 3rd-party companies that usually have quotas to run across. Critics argue that this may create a reason to issue unwarranted tickets. Withal court challenges in the proper name of due procedure, courts have upheld the apply of cherry-red-light cameras.

The burden of Proof in Ruddy Lite Camera Cases

Every bit with other traffic violations, the officers have to bear witness certain elements in courtroom. With photograph radar, for example, the court needs to know that the device had been properly calibrated, amidst other things. In red light camera cases, the prosecution must prove that:

  • There were appropriate photographic camera warning signs posted.
  • The camera and lights were timed properly.
  • The images captured adequate data virtually the driver and vehicle.
  • The defendant was properly notified of the statutory deadlines to contest.

In California, the driver at the time of the infraction is liable for the ticket, not the registered possessor of the vehicle.

What most laypeople don't realize is that when technology provides potent evidence about a violation of the law, the rules of evidence require that the court be satisfied with the accuracy and reliability of the device and its output instead of blindly accepting the results. That is why y'all cannot assume that fighting the ticket is automatically a "lost crusade" simply considering there is a sophisticated slice of applied science, like a ruddy light camera, involved. red light traffic violation

Challenging a Red Light Ticket

Vehicle owners who receive a ruddy light camera ticket are entitled to review the footage. Depending on the municipality, you may be able to practise this online; otherwise, it's simply a matter of making an appointment with the officeholder. Information about the process should appear on or with the ticket, including how to pay the fine under unlike circumstances . All of these streams result in y'all providing information — whether yous were the driver and whether it was a company motorcar, for example — that would otherwise accept to be established in court during a trial. As such, it is always highly recommended that you lot contact a motor vehicle/traffic lawyer as early as possible to discuss how you should approach your case.

Do not feel pressured to pay the fine right away. Y'all can pay the fine at whatsoever time prior to trial. In fact, there are a number of steps that occur earlier to going to trial. The courtroom engagement on your ticket is an arraignment engagement, at which you lot tell the court if y'all volition plead guilty or non guilty. If pleading not guilty, you will be setting the actual trial with the traffic clerk. Also, confirm the deadlines for serving the prosecution with a "request for production" of the testify they plan to use against you.

Considerations for a Potential Defence force

The following is meant for general educational purposes; it is non legal communication. Every example is different, and there are highly technical aspects of defending against a red low-cal camera ticket that requires an understanding of the police, statutes, and legal cases. It is in your best interest to speak to a lawyer nearly your case before deciding whether you take a feasible defense and whether to contest the ticket.

Did the prosecution provide you with the evidence they plan to use against you? Every bit a accused, y'all are entitled to see and appraise all the evidence against you. This includes all footage, photographs, witnesses, police notes, and other documents. If you have properly served the prosecution a "asking for production" and y'all do not receive the materials in the legally allotted time, you may inquire the court at the trial date to dismiss your example. Similarly, if yous served the prosecution but they refused to provide the legally acceptable acknowledgment of service, you may enquire for a dismissal. It would not be off-white to allow the prosecution to avert providing yous the evidence past challenge y'all didn't inquire for it.

Notation that lawyers know exactly what to request, and how to justify request for item items, based on the facts of your case.

Does the evidence support what the prosecution says? Does the photo clearly draw the driver and can you exist clearly identified as the driver? Is the license plate clearly visible and readable? If the evidence is ambiguous in whatsoever way and can create reasonable dubiety in the court's listen, you should be found non guilty. If the prosecution says that you lot were driving but the evidence is blurry or the driver's caput was turned away so that you can't conspicuously discern the facial features, the prosecution hasn't proven its instance.

Are there whatsoever technical defenses in your example? For a challenge to the accuracy and reliability of the red light camera system to succeed, y'all definitely need technical expertise. It will not be enough to suggest in court that the camera or sensors must non take been working or that at that place wasn't time between the yellow and red light for you lot to safely come to a stop. In all likelihood, the officeholder will prove that the devices and lights were properly calibrated and working. You would likely accept to revisit the intersection in question and take pictures and notes about the presence or absence of signs, how clear road markings were, and how long it takes for that traffic light to go from yellow to red. There could be some circuitous calculations that must be made in support of your position. Y'all will also need to be knowledgeable about the item carmine light camera system model and transmission before you lot can tell whether information technology was working properly.

How long did it take for your case to get to trial? In some extraordinary cases, a court may dismiss a case if you did non get your "fair and speedy trial." The thought is that your ability to present a proper defense is compromised if there is an undue delay in bringing your case to court. For example, witnesses may forget important details, or officers may be transferred to another jurisdiction. A lawyer is all-time suited to determine whether or not this is a viable defense in your case. Simply, what may exist considered an inordinately long delay in one jurisdiction may be considered normal in another. Whether there has been an undue delay depends on factors such equally the complexity of the particular example, the resources of that courthouse or system, how populated that jurisdiction is, which side caused the delay, and other considerations.

Are you able to confront your accuser? The Sixth Subpoena gives you the right to confront your accuser. Plainly, you cannot elevate a red light camera or a traffic lite into a courtroom and catechize it. That's why the prosecution will have an officer on the stand to testify as to the accuracy and reliability of the red light photographic camera organization and traffic calorie-free, based on calibration records and the like. That is the witness to exist cross-examined. If at that place is no such witnesses, the ruddy low-cal camera image(southward) cannot exist entered into evidence and used against you.

Did yous run the red light out of necessity? This defence force is not something to simply invoke. Even if yous did commit the traffic infraction to avoid a serious accident or impairment to yourself or someone else, you volition accept to adequately bear witness it in court. This is where having witnesses may make or suspension your defense. If there is someone who tin can support your testimony — a passenger who was in the vehicle or a eyewitness on the street, for example — yous will take a college probability of success. The more independent witnesses to these circumstances, the better.

If y'all are the only 1 who can testify to these urgent circumstances (or your supporting witness is someone close to you), the court will weigh the credibility and reliability of the testimony and whether it supports the other elements detailed in the evidence. Over again, if yous committed a traffic violation to forbid greater impairment to yourself or someone else, it is highly recommended that you lot hire a lawyer. They volition know what kind of evidence needs to be gathered to support this merits.

intersection with red light cameras

Should I Contest a Traffic Ticket Even If I Think I Will Get to Trial?

In general, absolutely. Depending on the charges, beingness plant guilty of a traffic violation can nevertheless have serious ramifications, whether you're looking at a steep fine, demerit points, or suspension of your driver'south license. For people who need their vehicles for work, a conviction may touch on their livelihoods. If a traffic violation causes a motor vehicle accident  or an injury to apedestrian , information technology is even more important to carefully look at your options, because you may also be looking at a potential lawsuit.

At the very to the lowest degree, a traffic conviction may have some impact on your car insurance premiums or coverage. Until you lot formally contest the ticket, you will likely not take access to the evidence the prosecution plans to use against you. What if you lot detect that the evidence was really inadequate and your case should be dismissed? There is also a possibility that the officer will not show up on the day of trial and the prosecution and court will have to dismiss your case. This is not something you should bank on, but it does happen, specially if the original officer has since changed jurisdictions or positions.

At a minimum, contesting a traffic ticket buys you valuable time — time in which you can:

  • Speak to a motor vehicle lawyer and properly assess whether yous have a defense force to the charges.
  • Find out whether it is possible or viable to negotiate to plead to a bottom violation (for instance, i that carries no demerit points).
  • Save up money to pay the fine.
  • Make arrangements if you expect your driving privileges will be suspended.

If you immediately pay the fine, you lot are pleading guilty to the violation every bit charged, and giving up your correct to a trial or to negotiate with the prosecution for a amend result. Sometimes cases volition settle this fashion right before the judge walks in.

Exercise I Actually Need a Lawyer for a Reddish Light Camera Ticket?

Many people assume that because a traffic ticket tends to take lighter penalties than, say, a criminal case, traffic court must be "easy." In reality, some areas of motor vehicle law are highly technical and require a high level of legal expertise to navigate. Fifty-fifty in traffic court, the rules of show (which may not make much sense to non-practitioners) apply, meaning that testimony and exhibits must exist presented and entered the proper way to be considered. Arguing the constabulary in submissions to the court requires knowledge of the important cases in that particular area of constabulary. A lawyer will likewise have a much better idea of what kind of evidence volition be most compelling to the court. At the very least, having the peace of mind that someone is looking out for your best involvement is oft worth it.

In that location is no reason to become information technology alone, even if it is a traffic violation. At Quirk Reed, LLP, we offer an initial consultation absolutely costless of accuse. Contact us with your questions and book an engagement today.