Receiving a red light camera ticket in California can be frustrating and costly. However, it’s essential to know that you have the right to contest the citation. In this article, we will provide a step-by-step guide on how to fight a red light camera ticket in California, including understanding the laws, gathering evidence, and preparing for court.
Understanding Red Light Camera Laws in California
Before we dive into the process of fighting a red light camera ticket, it’s crucial to understand the laws surrounding these cameras in California. Red light cameras are allowed in California under Vehicle Code Section 21455.5, which permits local authorities to install cameras at intersections to monitor and enforce traffic laws.
In California, red light cameras can only be installed at intersections with a high incidence of red light violations or accidents. The cameras must be clearly visible and marked with signs indicating their presence. Additionally, the cameras can only capture images of the vehicle’s license plate and the driver’s face, and the images must be reviewed by a law enforcement officer before a citation is issued.
Types of Red Light Camera Tickets in California
There are two types of red light camera tickets in California: infractions and misdemeanors. Infractions are the most common type of citation and are typically issued for minor offenses, such as failing to come to a complete stop before turning right on red. Misdemeanors, on the other hand, are more serious offenses, such as running a red light and causing an accident.
Gathering Evidence to Fight a Red Light Camera Ticket
To fight a red light camera ticket, you’ll need to gather evidence to support your case. Here are some steps to follow:
Review the Citation and Images
Carefully review the citation and images provided by the court. Check for any errors or inconsistencies, such as:
- Incorrect license plate number or vehicle description
- Inadequate or unclear images
- Failure to provide a clear view of the intersection or traffic signal
Gather Witness Statements
If there were any witnesses to the alleged infraction, gather their statements and contact information. Witness statements can be powerful evidence in supporting your case.
Obtain Intersection Diagrams and Traffic Signal Information
Obtain diagrams of the intersection and information about the traffic signal, including:
- The timing of the yellow and red lights
- The presence of any warning signs or signals
- The distance from the stop line to the intersection
Take Photos and Videos of the Intersection
Take photos and videos of the intersection, including:
- The traffic signal and any warning signs
- The stop line and intersection markings
- Any other relevant features, such as pedestrian crossings or turn lanes
Preparing for Court
Once you’ve gathered evidence, it’s time to prepare for court. Here are some steps to follow:
Understand the Court Process
Familiarize yourself with the court process and what to expect during the trial. You can find information on the court’s website or by contacting the court directly.
Prepare Your Defense
Prepare your defense by organizing your evidence and practicing your testimony. Consider the following:
- Review the citation and images to identify any errors or inconsistencies
- Use witness statements and intersection diagrams to support your case
- Emphasize any mitigating circumstances, such as a medical emergency or vehicle malfunction
Dress Professionally and Be Respectful
Dress professionally and be respectful during the trial. Avoid arguing with the judge or prosecutor, and stay calm and composed.
Common Defenses to Red Light Camera Tickets
Here are some common defenses to red light camera tickets:
The Camera Was Not Properly Calibrated
If the camera was not properly calibrated, the images may not be accurate. You can request calibration records from the court to support your defense.
The Images Are Inadequate or Unclear
If the images are inadequate or unclear, you may be able to argue that the citation is not supported by sufficient evidence.
There Were Mitigating Circumstances
If there were mitigating circumstances, such as a medical emergency or vehicle malfunction, you may be able to argue that you were not responsible for the alleged infraction.
Conclusion
Fighting a red light camera ticket in California requires careful preparation and attention to detail. By understanding the laws, gathering evidence, and preparing for court, you can increase your chances of success. Remember to stay calm and composed during the trial, and emphasize any mitigating circumstances or errors in the citation. With the right approach, you can successfully fight a red light camera ticket and avoid the associated fines and penalties.
| Red Light Camera Ticket Fines in California | Amount |
|---|---|
| Infraction | $490-$550 |
| Misdemeanor | $1,000-$2,000 |
Note: The fines listed above are approximate and may vary depending on the court and location.
By following the steps outlined in this article, you can effectively fight a red light camera ticket in California and avoid the associated fines and penalties. Remember to stay informed, gather evidence, and prepare for court to increase your chances of success.
What are the steps to contest a red light camera ticket in California?
To contest a red light camera ticket in California, you should start by carefully reviewing the ticket and the accompanying photos and video. Check for any errors or inconsistencies in the citation, such as incorrect license plate numbers or vehicle descriptions. Next, gather any evidence that supports your case, such as witness statements or photos of the intersection.
You will then need to decide whether to contest the ticket by mail or in person. If you choose to contest by mail, you will need to submit a written statement explaining why you believe the ticket was issued in error. If you choose to contest in person, you will need to appear at the designated courthouse on the specified date and time. Be sure to bring all of your evidence with you to present to the judge.
What are the most common defenses to red light camera tickets in California?
One of the most common defenses to red light camera tickets in California is that the driver was not the person operating the vehicle at the time of the alleged infraction. This defense is often used when the vehicle is registered to a company or to multiple people. Another common defense is that the yellow light was not long enough to allow the driver to safely stop before the red light.
Other defenses may include that the driver was forced to run the red light to avoid an accident or that the red light camera was not properly calibrated or maintained. In some cases, drivers may also argue that the ticket was issued based on an incorrect interpretation of the law or that the prosecution failed to provide sufficient evidence to prove the infraction.
Can I use the “amber light defense” to fight my red light camera ticket in California?
The “amber light defense” is a common strategy used to fight red light camera tickets in California. This defense argues that the driver had enough time to clear the intersection before the red light appeared, based on the length of the yellow light and the speed of the vehicle. To use this defense, you will need to calculate the time it would have taken to clear the intersection and compare it to the length of the yellow light.
To calculate the time, you will need to know the speed of your vehicle and the distance from the stop line to the point where you would have cleared the intersection. You can use the photos and video from the red light camera to estimate this distance. You will also need to know the length of the yellow light, which is typically 3-4 seconds in California.
What is the “snitch ticket” law in California and how does it affect red light camera tickets?
The “snitch ticket” law in California, also known as Senate Bill 1030, prohibits the use of red light camera evidence if the citation was not personally served on the driver within 15 days of the alleged infraction. This law was enacted to prevent the practice of sending citations to drivers based solely on license plate numbers, without verifying the identity of the driver.
If you receive a red light camera ticket in California and it was not personally served on you within 15 days, you may be able to have the ticket dismissed based on the “snitch ticket” law. However, you will need to appear in court and argue that the ticket was not properly served. Be sure to bring evidence of the date you received the ticket and any other relevant documentation.
Can I fight a red light camera ticket in California if I was not the owner of the vehicle at the time of the alleged infraction?
If you were not the owner of the vehicle at the time of the alleged infraction, you may be able to fight the red light camera ticket in California. However, you will need to provide proof that you were not the owner of the vehicle, such as a bill of sale or a registration record showing that the vehicle was sold or transferred before the date of the alleged infraction.
You will also need to provide the name and contact information of the person who was the owner of the vehicle at the time of the alleged infraction. The prosecution may then attempt to serve the citation on the actual owner of the vehicle. If you are able to provide sufficient evidence that you were not the owner of the vehicle, the ticket may be dismissed.
What are the consequences of ignoring a red light camera ticket in California?
If you ignore a red light camera ticket in California, you may face additional fines and penalties. The court may impose a “failure to appear” fee, which can add hundreds of dollars to the original fine. You may also face a suspension of your driver’s license if you accumulate too many unpaid tickets.
In addition, ignoring a red light camera ticket can lead to a negative impact on your credit score. The court may report the unpaid ticket to the credit bureaus, which can lower your credit score and make it more difficult to obtain credit in the future. It is generally recommended that you contest or pay the ticket rather than ignoring it.
Can I appeal a red light camera ticket decision in California if I am found guilty?
If you are found guilty of a red light camera ticket in California, you may be able to appeal the decision. To appeal, you will need to file a written notice of appeal with the court within a specified time period, usually 30 days. You will also need to pay an appeal fee, which can range from $100 to $500.
On appeal, you will need to argue that the trial court made an error in its decision, such as admitting improper evidence or misinterpreting the law. You may also present new evidence that was not available at the time of the original trial. The appellate court will review the record of the original trial and make a decision based on the evidence presented.