Red Light Camera Photos are Hearsay – California Penal Code Section 21455.5

Criminal Defense Attorney — Thu, 04 Nov 2010 16:02:55 +0000

The Los Angeles Daily Journal recently reported that an Orange County Superior Court appellate panel ruled that automatic photos of drivers running red lights are hearsay and therefore inadmissible in court as evidence of traffic violations. Prior to this ruling, the state Senate passed and sent to the Assembly a bill to increase due process protections for people ticketed after their vehicles were captured running red lights on camera, as there have been many issues with the reliability of these photos.

Under the California Vehicle Code Section 21455.5, the city installing red light cameras has to set up signs to warn drivers that the cameras are there. If a camera does catch a vehicle running a red light, a citation is mailed to the registered owner of the vehicle. Most red light tickets run from $420 to $480 – a sizable fee for anyone, especially considering the unreliability of these photos.

If a driver takes his ticket to trial, it is a local police officer who shows up to testify in support of the photo; however, this officer was not necessarily present for the alleged traffic violation. The recent OC Superior appellate division ruled that a police officer who did not see the violation or operate the camera could not provide the legally necessary foundation to support admitting the photos into evidence.

If you have been mailed a citation from a photo taken by a red light camera, you should seek the assistance of an experienced defense attorney so that you are aware of your up to date rights to fight this citation. Our attorneys at Wallin & Klarich have over 30 years of experience taking on cases just like yours. We will look at the particular facts of your case to determine the best defense strategy that is available to you that will result in the best possible outcome. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be here when you call.

Save Your Drivers License

Criminal Defense Attorney — Wed, 11 Nov 2009 11:00:21 +0000

If you are facing the loss of your drivers license, you need an aggressive attorney at Wallin & Klarich. There are many reasons the California DMV can take your privilege to drive away. It could be for a DUI, or perhaps for being a negligent operator (too many points) or even for a medical reason. Wallin & Klarich have trained attorneys who specialize in DMV hearings. We have won many DMV hearings over the past 30 years and can certainly assist you with your DMV problems. In dealing with DMV, timing is often critical when seeking a hearing so it is important to contact an attorney as soon as you realize your privilege to drive is being suspended.

If you or a loved one is having problems with DMV, call the law offices of Wallin & Klarich. Wallin & Klarich has over 30 years of experience. Call 1-888-749-0034 to speak to one of Wallin & Klarich’s aggressive and experienced DMV attorneys in California today. Also visit us on the web at www.wklaw.com. We will be here when you call.

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Red Light Camera Photos are Hearsay – California Penal Code Section 21455.5

Save Your Drivers License