A red light camera
ticket is a type of traffic infraction that can cost you money, time, and
anxiety. In fact, with so much misinformation online, I have spoken with many
confused callers. They were not happy with the non-legal blog's advice.
A red light camera
ticket is enforced by way of technology, rather than an officer. While frustrating,
it is still legal in some jurisdictions. Indeed, the California Supreme Court,
on June 5, 2014, upheld the use of red light camera enforcement. This blog will
touch upon the recent case, and other aspects of red light camera citations.
IGNORING
THE CITATION WILL POTENTIALLY COST YOU MORE
First, do not simply
ignore the citation. Yes, I am aware of the information online from non-lawyers.
It is not sound advice. The California Legislature enacted Vehicle Code section
21455.5 some time ago. This California law controls the requirements for how a jurisdiction
may implement camera enforcement. Therefore, while some cities may have
discontinued their programs, other have not. Culver City, Beverly Hills, West
Hollywood, among others, have valid camera enforcement pursuant to the law.
Thus, if you ignore the
citation and miss a mandatory court appearance, it is possible that you can be
found guilty of a failure to appear violation. This will add significant, and
unnecessary, fines to your citation. Unless you were active military,
incarcerated, or receiving medical care, the court will most likely find you guilty.
EVIDENTIARY
AND CONSTITUTIONAL ARGUMENTS HAVE BEEN SPURNED
Second, the California
Supreme Court has addressed some of the constitutional issues related to
evidentiary foundation, authentication, hearsay, and confrontation. People
v. Goldsmith (2014), S201443, recently decided, upheld the use of camera
enforcement. The decision was a major victory for the red light camera
programs.
The arguments in that
case were similar to some of those posted on the online blogs. The defendant in
the Goldsmith case argued, one, that the photos, obtained from the red
light camera, were not legally authenticated. In short, the defendant argued
that the photo evidence could not be admitted against her because it was
unreliable. The California Supreme Court disagreed.
With sufficient legal
rationale, the Court explained that the photos were reliable, and
notwithstanding the reliability, the evidence could be admitted "as
provided by law." There is a statutory presumption that the photos are
reliable. The trial court does not have to accept the photos as true, but it
can admit it into evidence to be weighed against the defendant.
Two, the photos are not
hearsay, according to the California Supreme Court. Section 1200 of the
Evidence Code defines hearsay as, "evidence of a statement that was made other than by a witness while testifying at
the hearing and that is offered to prove the truth of the matter stated." The
Court clarified that a camera could not be characterized as a
"person," who has the capacity to make a statement. The law does not
contemplate whether a machine can make a statement -- at least not yet.
Third, the
confrontation clause is not invoked because a defendant cannot, and does not
have the right, to cross-examine a camera. Machine-generated printouts are not
within the bounds of Sixth Amendment protection.
WHAT
SHOULD YOU DO?
I always advise
consulting with a defense attorney. Although traffic infractions only involve a
fine, not jail, it is best to consult with a lawyer for a few reasons. It can
save you money. It can save you time. It can give you peace of mind.
Moreover, a red light
camera ticket does not necessarily mean that you will be found guilty. The burden
of proof in a traffic case is still "proof beyond a reasonable
doubt." If the picture is unclear, or if there is an identity issue, the
ticket can be dismissed. But, it is always wise to seek out the advice of a
person with knowledge and experience. Our office invites you calls, and we
remind you that nothing in this blog should be construed as legal advice. Watch
out for the machines.