Challenging a red light ticket in Bakersfield, CA, has many complications. Whether it is a camera-enforced red light ticket or a roadside stop by a law enforcement officer, you should consult a traffic attorney.
In Bakersfield, ten intersections use a camera to record a video of drivers running a red light. Those are:
- Oswell Street and Bernard Street.
- Stockdale Highway, California Avenue, and New Stine Road.
- Oak Street and California Avenue.
- Brundage Lane and Chester Avenue.
- Truxton Avenue and Coffee Road.
- Stockdale Highway and Coffee Road.
- Old River Road and Ming Avenue.
- Valley Plaza and Ming Avenue.
- Real Road and Ming Avenue.
- Wible Road and White Lane.
The rules surrounding red-light violations in California can sometimes be complex to navigate independently. Plus, the county court clerk will often tell you what they think is correct to get you to pay the fine. That’s not always the legal answer and may even violate your rights.
According to the County of Kern Superior Court website article, Photo-Enforced Red Light Information:
“If you receive a photo-enforced red light citation or notice of violation and you were not the driver, you must follow the instructions on the citation or notice of violation and complete the accompanying form to identify the driver who committed the violation. If you need further assistance, either go to the Bakersfield Police Department or call them at (661) 326-3882.”
You are not legally required to call the Bakersfield Police before consulting an attorney. In fact, it is your Constitutional right to speak to an attorney first.
It is the State’s burden to prove you were driving the vehicle when it went through the red light.
NOTE: You can get a free, no-obligation consultation from Bigger & Harman, 349-9300. Se habla Español (661) 349-9755.
Successfully challenging a traffic ticket, of course, depends on the situation. There are many technicalities, and it depends on how the CA Vehicle Code (VC) is worded.
For instance, with a red light ticket, there are several circumstances under which you could be ticketed:
- A camera-enforced red light ticket at an intersection.
- Failure to come to a full stop at a red light before turning right.
- Going through a flashing red light.
- Proceeding through a turn when there is a red arrow.
- Failure to stop at a broken traffic light. You must come to a complete stop and proceed when traffic is clear, up to 200 feet.
- Failure to yield to pedestrians in the crosswalk when making a right turn on red.
These are just a few examples, and you should discuss your specific situation with a traffic attorney before challenging a red-light ticket or deciding to pay the fine.
Camera-Enforced Red Light Tickets
In the event of running a red light in the state, the financial consequences can be significant, amounting to a fine of up to $500 potentially—in addition to potential expenses for attending traffic violator school (TVS) or facing heightened insurance premiums.
You may not be eligible for TVS if any of these conditions exist:
- You didn’t have a legal CA driver’s license (DL) when ticketed.
- You used TVS to keep your traffic ticket confidential during the past 18 months.
- Your citation was for a violation other than a minor infraction; you had a mandatory court (your or your attorney) appearance for speeding over 100 mph, a felony or misdemeanor, including an alcohol or drug-related charge.
- You were driving a commercial motor vehicle (CMV).
- Your speed was 25+ mph over the speed limit (but a knowledgeable traffic lawyer can often get a traffic court judge’s approval.)
Consult a traffic attorney before pleading guilty and accepting TVS. Otherwise, you could be wasting your time and money. In fact, non-completion could mean paying the fine, tuition, and county fee, and still having the conviction on your record for three years, which would cost you nearly $2,000 for the fine and increased insurance premiums.
Nevertheless, in cases where the camera does not provide clear evidence of the driver's identity, the vehicle's registered owner may have grounds to contest the ticket by challenging a red light ticket in court with a traffic attorney, increasing the chances of having the citation dismissed.
Camera-enforced red lights provide video, a still image of anyone driving, and the vehicle registration plate that goes through the intersection when the light is red. However, a veteran traffic officer must view the video and still image before sending it to the vehicle owner.
They must determine from the video if the driver willfully ran the red light. There are circumstances where the driver might have entered the intersection when the light was green or yellow and, due to traffic, got stuck there as the light turned red, or another incident.
If the image captured by the traffic camera is not sufficiently clear to identify the driver, there is a likelihood of successfully challenging a red light ticket received through the mail. Yet, there is no absolute assurance, and challenging it can entail a lengthy procedure if professional legal assistance is not sought.
Likewise, the intersection must have a warning sign about the use of a camera at that intersection.
The time span between the light turning yellow and turning red must meet the standard, depending on the speed limit along that road, as determined by Caltrans and published in the CA Manual on Uniform Traffic Control Devices (CA MUTCD).
Always consult a CA traffic attorney to better understand red light tickets and TVS attendance.
Consult with Bigger & Harman About Challenging a Red Light Ticket in Bakersfield, CA
When you need help challenging a red light ticket in Bakersfield Courthouse in Kern County, contact the office of Bigger & Harman, APC, at (661) 349-9300.
Alternatively, use our handy online contact form or email attorney@biggerharmanlaw.com. Send a copy/picture of your citation and a summary of the stop.
References:
The County of Kern Superior Court website article, Photo-Enforced Red Light Information.
The CA Driver Handbook English y Español.
The CA Manual on Uniform Traffic Control Devices (CA MUTCD).
The Bankrate.com article, Average cost of car insurance in CA for 2023.