The Missouri Supreme Court just dealt a blow to those who want to bring
photo speeding enforcement to California. Although the decision is not
binding in Bakersfield or Kern County, it does have immense persuasive value.
Tupper v. City of St. Louis, the court essentially ruled that since speeding cameras make it easier
for police departments to issue citations, they should also be easier
to fight. So, in Missouri, the prosecutor must prove that the driver intended
to speed in a photo enforcement case. The state cannot rely on any presumption,
so it may be difficult for prosecutors to win these cases.
Since the law on speeding cameras has not yet been developed in California,
the Legislature may well take a cue from this court decision and amend
the Vehicle Code accordingly.
Photo Speeding Enforcement
Speeding cameras are currently illegal according to
VC 40802, the speed trap law. This provision prohibits the use of any device that
measures the amount of time it takes for a vehicle to travel from Point
A to Point B, and that would include speeding cameras.
However, with more and more cars on the road and cash-strapped local governments
in search of more revenue, photo speeding enforcement may be the next
big thing. After all, a California judge recently ruled that an officer
can essentially guess a driver’s speed, and that shaky estimate
stands up in court.
So, despite the decision in Missouri, it’s likely that speeding camera
tickets would be like red light tickets, and there would be a number of
technicalities that apply. And, since there is absolutely no way to talk
yourself out of a photo ticket, it’s up to a lawyer to advocate
for you in these situations.
Getting Legal Help
The aggressive lawyers at Bigger & Harman, APC, are committed to giving
individuals a voice when dealing with speeding and traffic tickets. Call
today at 661-859-1177 or email
firstname.lastname@example.org to receive the personal professional attention you deserve. En español,
llame al 661-376-0214.