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.