Photo Red Light – Contesting The Violation
You Didn’t Do It!
One major defense to a Photo Red Light ticket is whether a violation actually occurred and whether the prosecution can prove that it occurred beyond a reasonable doubt. Often times the video and photographic evidence does not establish that a violation occurred to this high standard.
The Light Must Be Red
Under California Vehicle Code 21453(a) and 21453(c), no violation occurs where the vehicle breaks the plain of the limit line while the light is yellow. This means that if the bumper of the car is merely a millimeter past the limit line when the light turns red, the driver is Not Guilty of the offense. When defending a Photo Red Light ticket, we closely watch the video evidence and review the photographic evidence to find reasonable doubt as to whether a violation occurred.
Too Close To Call
Often times cases are dismissed because the vehicle is too close to the limit line when the light turns red for the judge to conclude beyond a reasonable doubt that a violation occurred. If there is any doubt at all in the mind of the judge as to whether the bumper was on or past the limit line when the light turned red, the ticket will be dismissed.
Sometimes the camera is positioned at such an angle where it cannot be determined where the bumper was when the light turned red. Photo Red Light Cameras are not taken in 3 dimensions.
No Violation Occurred
Every once and a while the video evidence actually establishes that no violation occurred. In these cases, we can motion the court for dismissal in the interest of justice before the case even gets to trial.
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