red light camera court evidence packages to be inadmissible hearsay
Thu, 08/19/2010 - 10:27pm
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 17 years
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A San Diego, California Superior Court judge on Monday found elements of typical red light camera court evidence packages to be inadmissible hearsay.
Finally a judge with a functioning brain
http://www.thetruthaboutcars.com/california-another-judge-di...
Excellent!
The San Diego case was based on a recent SCOTUS opinion, Melendez-Diaz v. Massachusetts, regarding the right to confront one's accusers.
The Melendez-Diaz case is interesting, if for no other reason, than the breakup of the 5-4 decision. Scalia, Stevens, Souter, Thomas, and Ginsburg were in the majority, while Kennedy, Roberts, Breyer, and Alito dissented.
There's a brief summary of Melendez-Diaz, with discussion of redlight camera company freakouts, here: http://thenewspaper.com/news/28/2854.asp
Good News for Automated Traffic Enforcement in long run
Finally a judge with a functioning brain
The last paragraph of the article says:
"The court points out that it is not ruling against the red light camera system as a whole,” Riley concluded. “Rather it is a ruling that sufficient foundation and evidence must be presented and appropriate witnesses must be present at trial to testify and be subject to cross-examination by the defendants. In the absence of the excluded evidence and appropriate witnesses with personal knowledge as discussed herein, the court finds that the people would be unable to prove the within eight cases beyond a reasonable doubt. Therefore, the within matters are dismissed.”
This will likely be a temporary setback in some jurusdictions for Automated Traffic Enforcement because there will have to be procedures put into place - and likely overseen by municipalities - to verify that the equipment is functioning properly and has been inspected/certified regularly.
I also suspect that we will soon see the addition of cameras that will simultaneously take a picture of the front of violating cars in order to show who was driving.
Inadmissable Evidence re: RLC
Well, let us hope that these types of situations are put to the test and argued more. The shame of the matter is that one can lose a whole days pay because of the aggravation of having to go down and deal with this issue.
Inadmissable Evidence re: RLC
Well, let us hope that these types of situations are put to the test and argued more. The shame of the matter is that one can lose a whole days pay because of the aggravation of having to go down and deal with this issue.
Remember "The Government Is Not Your Friend" !!!
"Ceterum autem censeo, Carthaginem esse delendam" “When governments fear the people, there is liberty. When the people fear the government, there is tyranny.”
You Got That One Right..!
Remember "The Government Is Not Your Friend" !!!
Boy.. Ain't that the truth!!
Nuvi1300WTGPS
I'm not really lost.... just temporarily misplaced!
With friends like that....
you don't need enemas...
Striving to make the NYC Metro area project the best.
Getting there
Well, let us hope that these types of situations are put to the test and argued more. The shame of the matter is that one can lose a whole days pay because of the aggravation of having to go down and deal with this issue.
Remember "The Government Is Not Your Friend" !!!
No, but at least this is a step in the right direction. It's supposed to be "innocent until proven guilty" for a reason.
- Phil
Excellent analysis
Finally a judge with a functioning brain
The last paragraph of the article says:
"The court points out that it is not ruling against the red light camera system as a whole,” Riley concluded. “Rather it is a ruling that sufficient foundation and evidence must be presented and appropriate witnesses must be present at trial to testify and be subject to cross-examination by the defendants. In the absence of the excluded evidence and appropriate witnesses with personal knowledge as discussed herein, the court finds that the people would be unable to prove the within eight cases beyond a reasonable doubt. Therefore, the within matters are dismissed.”
This will likely be a temporary setback in some jurusdictions for Automated Traffic Enforcement because there will have to be procedures put into place - and likely overseen by municipalities - to verify that the equipment is functioning properly and has been inspected/certified regularly.
I also suspect that we will soon see the addition of cameras that will simultaneously take a picture of the front of violating cars in order to show who was driving.
Good news for the right to
Good news for the right to confront!!
Cost varies
In San Diego, about 13 years ago, I paid around $300.00 for "running" a photo enforced red light. My son, about a year and a half ago, got a ticket for "running" a photo enforced red light in Dallas and the ticket was only $75.00. I guess everything is "higher" in California.
Red Light Cameras
I am glad that someone has stood up to the plate!!
D.H.