Red Light Camera News Bakersfield, CA: Local woman fights red light ticket and wins
(thanks to www.stpetecameras.org for the link)
Local woman fights red light ticket and wins
Published: 1/11 7:50 pm
A local woman took her red light ticket to court and won. She argued the citation didn't provide a clear picture of the intersection and a judge agreed.
Diane Bevacqua said she was making a left turn at the intersection of California Ave. and Stockdale Highway in 2008. She said the light was yellow, but the light could not be seen in the picture taken by the red light camera.
"As I went through the intersection, the light changed quickly from yellow and just as quickly to red, and then at that moment there was a flash from the camera," said Bevacqua.
Bevacqua said she received a ticket in the mail two weeks later. She took it to court where she faced a judge and a Bakersfield police officer.
"He told me all he had to do was show the pictures and I would be found guilty," added Bevacqua.
According to Bevacqua, the light she was looking at when she crossed into the intersection was yellow. And, that light can't be seen in any of the pictures from the citation because of the angle of the camera.
"He brought the photos and videos up on a screen, and at no time could he get it to show that signal," said Bevacqua.
It was a whirlwind legal process for Bevacqua. Two judges denied her appeals, but a third judge agreed with her and the ticket was dismissed.
Bevacqua maintains the city keeps using these red lights to make money. The Bakersfield Police Department says it pays a company $38,000 a month for each light.
If the company falls short in how many citations there are, the city is forgiven that amount of money.
The fine is $426 if you run a red light. Police say the state and Superior Court take a percentage of the money and the city receives whatever is left over.
Police say the reason they keep using red light cameras, is because they've seen a decrease in serious injury accidents in intersections that have them.
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