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.
If You, Or Someone You Know, Was In an Accident
Call For Your Free Consultation
Please Contact Attorney Lowell Steiger
(323) 852-1100 or (877) 487-8221
Skype (with or without video): Lowell_Steiger
"Treated With the
Respect and Understanding That You Deserve"