One local judge recently referred to red-light cameras as "a high-tech game of three-card Monty that motorists can't win."
In ruling that the town's red light cameras violated the Due Process clause, Judge Robert Ruehlman also wrote that drivers wishing to contest the citations were forced to endure " sham" trials, because the witness testifies from a report generated by the monitoring company and not based on any personal knowledge of the event.
Despite this ruling, red-light cameras are expected to remain in operation in all other areas in central California.
In a traffic ticket prosecution, the state must prove every element of the offense beyond any reasonable doubt. That is your right as a defendant in court. In addition to the fact that the witness may not have personal knowledge of the event, red-light cameras are also problematic because the camera generally snaps at best, a very low-quality picture of the driver, so there is little or no direct evidence as to who was actually driving the car.
An attorney who regularly practices in Fresno County attorney can give you more details on the legal or factual defenses that may be available in your case. Even if you do not beat the ticket, your attorney can generally reduce the fine and/or the points.
Mark Bigger is committed to giving individuals a voice when dealing with speeding and traffic tickets or DUI charges.