Alec Ortega
If you've been caught running a red light in California, you'll receive a citation in the mail that can cost you around £500. While it may require a little time and effort, it is possible to fight a red-light ticket in California.
Firstly, check the date, time, and location of the ticket. Make sure you were actually driving the car when the ticket was issued. If someone else was driving, you can't be prosecuted.
Next, review the photos. If the notification included photos, check if it's clear that it's your car in the photo. Your best defence may be the blurriness of the photo. If the license plate isn't clearly visible, it may be difficult to confirm that the car is yours. If there's no clearly identifiable photo of you in the driver's seat, this may also present a defence.
Then, request production of documents. Call up the local police department or other law enforcement agency in charge of the camera used to issue your citation. Request full maintenance records for the camera and the traffic light or speed monitoring system to establish that they were regularly monitored and maintained. If their accuracy wasn't tested within a short period of time before your ticket was issued, the photo is potentially unreliable as evidence.
Finally, appear at your scheduled hearing. Make sure anything you bring with you is organised and you have a clean, professional appearance. Treat the judge and all courthouse staff with respect. Don't do anything to give the judge the opportunity to make a snap judgment that you are untrustworthy or have an attitude problem.
| Characteristics | Values |
|---|---|
| Camera working properly | An officer must present evidence that the red light camera device was working properly on the day your ticket was issued. |
| Clear images | Your attorney may be able to challenge the photo’s clarity, arguing that the evidence is not convincing enough to convict you. |
| Avoid an accident or greater harm | Your attorney may be able to argue that you ran the red light to avoid a serious accident or greater harm to yourself or another person. |
| Hearsay | A red light camera photo is considered hearsay. |
| Confront witnesses | The Sixth Amendment of the Constitution guarantees you the right to cross-examine witnesses. |
| Authenticity of the photograph | If no one from the company that maintains the camera shows up to testify, object to the use of the photographs for lack of foundation. |
| Lack of evidence | If the photos are clear and the judge allows them, but none of them clearly show you driving, you have a defense that the prosecution cannot prove it was you driving the car. |
| Necessity defense | If you were driving to the hospital in a rush, you might also have a defense. |
What You'll Learn
Check the date, time, and location of the ticket
When you receive a traffic camera ticket in California, it's important to check the date, time, and location of the ticket. This is because the ticket is sent to the owner of the car, not the driver, and you can only be prosecuted for the violation if you were the one driving.
The date and time of the ticket will help you determine whether you were driving at that time. If you weren't, you can't be prosecuted for the violation. However, you are required by law to submit an affidavit form with the name and contact information of the person who was driving.
The location of the ticket is also important, as it will help you determine whether there were any issues with the traffic light or camera that could get your ticket dismissed. For example, California law requires lights to stay yellow for a minimum amount of time before turning red. If you recall the yellow light being unusually short, you can time it yourself and compare it to the required time in the California Manual on Uniform Traffic Control Devices. If the yellow light interval is shorter than the minimum, you may be able to use this as a defense.
Additionally, California law requires warning signs to be posted within 200 feet of intersections with red light cameras. If there are no warning signs or if they aren't clearly visible, this may also be a valid defense against your ticket.
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Plead not guilty
If you want to fight a red light camera ticket in California, you must plead not guilty. Here's how to do it:
Some jurisdictions allow you to respond to the citation by mail or online, instead of going to a live arraignment in traffic court. You must plead not guilty if you want to dispute the ticket and you can't pay the fine. The time period to dispute the ticket is typically 30 days, but check your citation to confirm the deadline.
If you have to appear in traffic court, show up at the date and time listed on your citation. This may also be called a first appearance or a notice hearing. When you plead not guilty, demand a full formal hearing or trial. You may also be required to attend other hearings such as a pre-trial hearing or mediation—attend those as required, but don't accept anything less than a full dismissal of your ticket.
Request a Trial by Written Declaration
Some cities and counties give you the option of doing a trial by written declaration instead of appearing in court. If you use this procedure, you may be required to pay the full bail amount when you submit your declaration, which will be refunded if the judge rules in your favor.
If you weren't driving your car when it triggered the camera, you aren't responsible for paying the ticket. Your citation includes an affidavit form to use if you weren't driving. Provide the name and address of the person who was driving so the citation can be sent to them instead. If you don't have this information, fill out as much as you can and leave the rest blank.
California state law requires automatic enforcement systems to be calibrated and inspected regularly. If the red light camera hadn't been inspected properly or failed calibration at the time, you might be able to get the ticket dismissed. Request information on the maintenance of the system from the law enforcement agency that issued your citation.
If the photo isn't clear, you may be able to challenge the ticket on the basis that the evidence is not convincing enough to convict you. For example, bad weather conditions or poor image quality may prevent them from proving beyond a reasonable doubt that you were the one driving.
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Request a formal hearing
If you want to fight a red light camera ticket in California, you must request a formal hearing. This is how you do it:
First, you will receive a citation in the mail. This will include information about the incident, as well as instructions on how to pay the fine or contest the ticket. Check the date and time of the incident, and review your schedule. This will help you place the incident and figure out if you were driving your car. If you weren't, you aren't responsible for paying the ticket. You can submit an affidavit form to give law enforcement the name and contact information of the driver.
Next, request photographs or videos of the incident. These are typically available online. View them by visiting the website listed on your citation. If the photos or videos aren't available online, request them from the law enforcement agency that issued your citation.
Then, enter a plea of "not guilty" at your arraignment. Your citation will have a date listed for you to appear in court. At the arraignment, you are expected to make your plea. While the actual trial will be set for a later date, you must appear in court and enter your plea of "not guilty" if you want to fight the ticket.
Finally, attend your trial and present your case in court. When you plead not guilty, your case will be set for trial. When your name is called, the judge will give you an opportunity to explain why you shouldn't have to pay the fine. It's important to behave appropriately; speak loudly and clearly, and tell your story in a logical, coherent manner. Stick to the facts and avoid any emotional pleas.
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Request production of documents
If you want to fight a red light camera ticket in California, you should request photographs or videos of the incident as evidence. These are typically available online, but if not, you can request them from the law enforcement agency that issued your citation. The name and address of the agency will be listed on the citation.
You are not legally required to say anything through the mail, but if you want to fight the ticket, you must tell the court that you will claim that you are innocent. Request to see the camera photograph and check whether the driver is identifiable. If the driver cannot be identified, the ticket will be dropped.
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Argue the photo is hearsay
Hearsay is an out-of-court assertion that is offered to prove the truth of the matter asserted. In other words, it is a statement made outside of court that is then used as evidence in court. For a statement to be considered hearsay, it must meet three conditions: it must be out-of-court, it must be an assertion, and it must be offered for its truth.
In the case of a traffic camera ticket, the photo taken by the camera can be considered hearsay if it is offered as evidence to prove that the driver of the car committed a traffic violation. However, for the photo to be considered hearsay, it must also be an assertion. In this case, the photo is simply a depiction of the scene and does not make any explicit claim or assertion. Therefore, the photo would likely not be considered hearsay and could be admitted as evidence.
However, there may be other ways to challenge the admissibility of the photo as evidence. For example, if the photo is not clear or the driver's face is obscured, it may be argued that the photo does not accurately represent the scene and could result in undue prejudice. Additionally, if there is no witness present who can be cross-examined about the photo, it may be possible to argue that the photo is hearsay. Ultimately, the decision to admit the photo as evidence will depend on the specific circumstances of the case and the rules of evidence in California.
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Frequently asked questions
You will receive a ticket in the mail within 15 days of the incident.
You should read the citation carefully and request photos or videos to review the incident yourself. If you were not driving, you can submit an affidavit to provide the name and address of the person who was driving.
Running a red light in California can result in fines, increased insurance rates, and points on your license.
The base fines for different types of red light violations are: $35 for making an illegal right turn at a red light, $35 for going right through a stop sign without stopping, and $100 for going right through a solid or flashing red light. After surcharges and fees are added, the total fine can range from $100 to $500.
Yes, but there are some ways to get the ticket dismissed. You can review the evidence, return to the intersection to check for signs and time the yellow light interval, and enter a "not guilty" plea.
