Traffic Cameras In California: Are They Legal?

Traffic cameras are a common feature on roads across California, and while they may be unpopular with drivers, they are legal. The state has allowed the use of red light cameras since the introduction of the California Vehicle Code section 21455.5. These cameras are usually affixed to a traffic light and are equipped with sensors that detect movement in an intersection after a light has turned red. The cameras are calibrated to capture two photos—one of a car crossing the intersection during a red light and another of the car in the middle of the intersection, which serves as evidence that the car entered the intersection purposefully.

Are red light cameras legal in California?

Red light cameras are legal in California under the California Vehicle Code 21455.5, which covers Offenses Relating to Traffic Devices. The law states that intersections may be:

> "equipped with an automated traffic enforcement system"

However, there are stipulations. A red light camera ticket is only valid if there is a clear photo of the driver's face and license plate. The camera must also be installed and maintained by a government agency, not a private corporation.

The use of red light cameras is a contentious issue in California. Some people argue that they are an effective way to improve road safety and reduce the number of accidents and fatalities. On the other hand, critics argue that they are an invasion of privacy and an unfair way for the government to make money from motorists.

Red light camera tickets can be triggered by sensors and typically result in fines and points on your driving record. The fines can be costly, ranging from $100 to $500 or more, depending on the violation and local surcharges.

If you receive a red light camera ticket, it's important to respond promptly. You may be able to fight the ticket by arguing that the camera was malfunctioning, the images are unclear, or that you ran the red light to avoid causing harm. However, ignoring a red light camera ticket can lead to further consequences.

What happens if a red light camera catches you?

Red light cameras in California are triggered by sensors installed in the road. These sensors detect when a car crosses the line after the light has turned red. If you are in the intersection when the light turns red or enter the intersection on a yellow light, you should not receive a ticket.

Red light cameras capture two photos: one of the car crossing the intersection during a red light, and one of the car in the middle of the intersection, which proves that the car entered the intersection on purpose. These photos also contain the date, time, location, violation number, and car speed.

If you are found guilty of a red light violation in California, a point will be added to your driving record, which can cause higher insurance rates for the next three years. You may also be suspended from driving, depending on how many points are already on your record. You will also have to pay a fine of around $480 for a red light camera ticket, which is much higher than in most other states.

If you receive a red light camera ticket, you will usually receive it in the mail within two weeks of the violation. In some counties, you can also check for recent traffic tickets online. If you don't receive a ticket in the mail and can't find anything online, you can call the traffic court in the county where the incident occurred.

If you receive a red light camera ticket, there are several ways to fight it. Firstly, check that the yellow light lasted for the legally required amount of time, which varies from 3 to 5 seconds depending on the posted speed limit. Secondly, if you are the registered owner of the vehicle but not the driver at the time of the violation, you can fight the ticket. Thirdly, check that there were adequate warning signs posted at the intersection. Fourthly, check whether the camera was functioning properly. Fifthly, check whether the ticket comes with two photos, as is legally required. Finally, if you ran the red light to avoid causing harm to yourself or someone else, the ticket may be dismissed.

How do red light cameras work?

Red light cameras are installed at intersections and are synchronised with traffic lights. They are triggered by sensors in the road, which detect when a car has crossed the line after the light has turned red. The cameras snap several pictures of the offending vehicle, which are then used as evidence for a ticket. The ticket is then sent to the address of the registered owner of the vehicle.

In California, a red light camera ticket is only valid if it captures a clear photo of the driver's face, either through the windshield or a side window. The ticket recipient can request to see the photos to prove that it was their car and that they were driving it.

Red light cameras are usually positioned at the corners of an intersection, on poles a few yards high. They point inward to photograph cars driving through the intersection from different angles. Some systems use film cameras, but most newer systems use digital cameras.

Red light camera tickets are considered moving violations in California and can impact insurance rates. They can also result in points on your license, which could lead to a suspension.

What are the consequences of running a red light?

In California, running a red light can have several consequences, including fines, increased insurance rates, and points on your license. Here are the potential outcomes in more detail:

Fines

In California, traffic tickets can be expensive due to base fines, surcharges, and fees. The base fines for different types of red-light violations are as follows:

• Illegal right turn at a red light: $35
• Failing to stop at a stop sign: $35
• Running a solid or flashing red light: $100

However, after adding surcharges and fees, the total amount can range from $100 to $500 or even higher.

Increased Insurance Rates

Running a red light can result in higher insurance rates for the next three years. This is because a point is typically added to your driving record, which can increase your insurance premiums.

License Suspension

Accumulating too many points on your driving record can lead to license suspension. Before suspending your license, law enforcement will send two warning letters. The first warning is issued when you acquire two points in one year, four in two years, or six in three years. The second warning is given when you receive three points in one year, five points in two years, or seven points in three years. License suspensions can last from six to twelve months.

Safety Risks

Running a red light is extremely dangerous and can lead to car accidents, resulting in injuries or even death. In 2019, nearly 850 people died in crashes caused by someone running a red light, with over 143,000 injuries. When a car accident occurs due to running a red light, the driver is held responsible for vehicle damage and any medical bills.

How can you fight a red light camera ticket?

Red light cameras are legal in California under California Vehicle Code 21455.5, which covers Offenses Relating to Traffic Devices. This means that if you've received a red-light camera ticket, you will need to fight it. Here is a step-by-step guide on how to do that:

Step 1: Check Your Ticket

Examine the ticket and all the associated paperwork. Fraud and identity theft are common, so it's important to verify that all the information on the ticket is accurate and complete. Contact the agency that issued the ticket to verify its authenticity. Check your court date and the address and contact information for the courthouse.

Step 2: Understand the Arraignment Process

An arraignment is not a court hearing. It is your chance to make a plea of guilty, not guilty, or guilty with an explanation. If you plead guilty with an explanation, you are admitting guilt but asking the court to consider the circumstances and conditions of your violation, which could lead to reduced penalties.

Step 3: Appear in Court for Your Arraignment

When the judge announces your name and case, identify yourself and enter your plea. If you plead not guilty, a date for your court hearing will be set.

Step 4: Visit the Traffic Court Clerk

The court clerk will help you with the necessary paperwork and provide information about your defence. They will give you a time and date for your hearing, as well as the courtroom address and room number.

Step 5: Serve a Request for Production

Ask the clerk how to properly "serve" the prosecutor with a "request for production". This is a written request that requires the prosecutor to provide you with a list of the evidence that will be used against you in court. If this request is not met within a certain number of days, you may be able to have your ticket dismissed.

Step 6: Save All Your Paperwork

Keep copies of your written request, the paperwork you filed to serve the prosecutor, and any evidence you receive in return. You will need this if you request to have your case dismissed.

Step 7: Examine the Details Presented Against You

If the prosecutor has failed to provide you with a "request for production" or did so beyond the legally allotted time, you can ask the judge to dismiss your case.

Step 8: Prepare Explanations for Each Piece of Evidence

Review the photograph. If it is not you in the photograph or you were not the individual driving the car, you may be able to have your case dismissed. Find as much evidence as you can to support your claim, including timing the traffic light as it transitions from yellow to red.

Step 9: Justify Your Claims and Arguments

Have a clear line of defence and be able to explain exactly why your case should be dismissed. Know exactly what you are going to argue before you enter the courtroom.

Step 10: Prepare All Your Evidence

Arrange each piece of paperwork or evidence neatly in a folder and in the order that you wish to present it to the judge. It might be helpful to have a checklist of points that you wish to make.

Step 11: Check Your Paperwork for Hearing Details

Check the court address, hearing time, and courtroom number. The courthouse where your case will be heard may be different from where you were arraigned.

Step 12: Appear in Court on Time

Your case will not be the only one the judge hears that day, so be prepared to spend a full day at the courthouse.

Step 13: Identify Yourself to the Court

When your case is ready to be heard, the judge will review the details before allowing the prosecutor to present the evidence against you.

Step 14: Listen to the Prosecuting Attorney

Take notes and pay attention to any discrepancies between the prosecutor's verbal argument and the hard evidence being presented.

Step 15: Ask for the Case to Be Dismissed

If any conditions have not been met, you may have grounds to have your case dismissed. For example, if you did not receive a "request for production" or if your hearing has been delayed beyond a reasonable expectation of a "fair and speedy trial".

Step 16: Describe the Event in Your Own Words

When it is your turn to present your case, begin by providing a detailed account of the event from your perspective, including the exact time, day, intersection, and weather conditions. Point out any discrepancies between your account and the prosecutor's.

Step 17: Assert Your Claim

After describing the conditions of the event, re-assert why you wish to have your case dismissed. Were there extenuating circumstances? Was the timing of the light flawed? Was it unsafe to stop?

Step 18: Present Your Evidence

Only provide evidence that fully supports your claim or directly challenges the prosecutor's case.

Step 19: Provide Your Closing Statement

Reiterate and summarise your argument or the reason you are seeking dismissal. Be clear, concise, and factual.

Step 20: Wait for the Verdict

If all goes well, you will have successfully defended yourself against a red-light camera violation.

Frequently asked questions