Red Light Camera Ticket? You Can Fight It!!!


Author: Lowell Steiger

Published On: August 4, 2010

Wow, have you ever run a red light and then see that red light camera flash bulb go off? Then, just as expected, that nasty ticket came in the mail? You knew you were a goner, right? Well, maybe not! A California Appeals Court recently came down with a decision in The People v. Tarek Khaled which rendered the photographs inadmissible as hearsay and, on that basis, overturned a the conviction for running a red light based on the red light photo!

The ruling, in part, reads as follows: “To be more specific, the photographs contain hearsay evidence concerning the matters depicted in the photographs including the date, time, and other information.” Here are some relevant bullet points:

  • Person who entered relevant info into camera-computer system did not testify
  • Person who entered that information was not subject to cross-examination
  • Person(s) who maintain the system did not testify
  • No one with personal knowledge testified about how often system is maintained or how often date and time are verified or corrected
  • Custodian of records for company that contracts with city to maintain, monitor, store, and disperse the photographs did not testify
  • Person with direct knowledge of workings of the camera did not testify
  • The person who did testify, Santa Ana Police Officer Alan Berg, had attended a training session in the distant past about the overall workings of the system. He could not testify about specific procedure for programming and storage of system information

Bottom line: All is not lost!!! Hire yourself an attorney experienced in red light camera tickets.

Here are some interesting and useful red light camera links:

Hey, I’m not advocating that you run red lights. Obviously it’s always safety first.

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