Have you recently opened your mailbox to find a red light camera speeding
ticket from the Monitor Street and Fairview Road intersection? When this
occurs, many drivers think there is no way to prove their innocence, but
these tickets can be successfully challenged under a number of different defenses.
Vehicle Code 21453. (a) reads
"A driver facing a steady circular red signal alone shall stop at
a marked limit line, but if none, before entering the crosswalk on the
near side of the intersection or, if none, then before entering the intersection,
and shall remain stopped until an indication to proceed is shown, except
as provided in subdivision (b)."
What many people fail to realize is that in California, you can actually
be in the intersection when the light turns red without violating the
law. The important thing is that they stop if they come to a red light
before they enter the intersection. If the light is still yellow when
you enter the intersection but then turns red, there is no violation of
the law under this section.
Other possible defenses include:
If you receive a photo ticket in the mail, don't immediate think you
must pay it. These tickets are successfully challenged in court all the
time and many result in a complete dismissal of the case.