This is out of MO.

http://billkenneylaw.com/news/?p=73

Update:  Red Light Camera Ticket Successfully Dismissed
Posted on May 12, 2011 by admin
 

In the days leading up to my hearing, I had been told my my fellow attorneys that prosecutors generally dismiss red light tickets without putting up much of a fight. The reason being that the city does not want to find the violator guilty and have the ticket appealed to a higher court, because the law may run the risk of being overturned. See my previous post discussing Missouri v. Belt.

As I walked in and sat down across from the prosecutor, she asked me what the basis of my defense was. I started off by telling her that the municipal ordinance is outside of the scope of the power granted to the city by the state of Missouri, and is unconstitutional. She informed me that she was unwilling to dismiss the case, and that I needed to file my brief with the judge, and my case would be heard. Shortly thereafter I was called to the bench and the judge asked if I was the Defendant and an attorney, to which I responded in the affirmative. He then asked me to proceed with my defenses.

I once again started off by arguing that the statute was outside of the scope of the power granted to the city by state statute, and that red light camera tickets carried with them the presumption of guilt for something which has traditionally been classified as criminal in nature, and is generally considered to be a moving violation. The judge replied that this was an issue for the legislature to deal with, and it was not his place to decide whether they were right or wrong. I countered that the judiciary is there to scrutinize laws if they are unconstitutional, to which he replied that he would not entertain any arguments as to the constitutionality of red light cameras. He said that in terms of constitutionality they have been scrutinized in the past, and were on fairly solid footing.

The judge then informed me that if I had been issued a red light ticket by an actual police officer, and it was classified as a moving violation, he would entertain a constitutional argument on equal protection grounds. The argument being that the city had reduced the fine amount for running a red light (if the evidence was obtained by a red light camera), and also classified it as a non-moving violation, therefore it is unconstitutional to treat the same violation differently.

I then switched my argument to address the evidentiary issues, arguing that the evidence offered against me is hearsay due to the fact that it was acquired by a video camera, which is owned and operated by a third party for-profit company, and reviewed after the fact by a police officer, and that the constitutional right to cross-examine any adverse witnesses is not possible because the witness in this case a machine. The judge countered that evidence obtained by an officer with the aid of technology is perfectly admissible. He gave the example of an officer watching me run the red light through binoculars, stating that the officer would be able to testify to my guilt in a court of law, and the officer could be cross-examined. I distinguished his example from the evidence obtained by the typical red light camera, asserting that the evidence was obtained and altered by a third party (timestamped, cut and edited, etc.), and is not the same video that was taken at the time that I ran the red light. The judge accepted my argument, and asked the prosecutor if it was within the state’s power to provide a witness to testify to the evidence as it was at the time that the violation actually occurred. The prosecutor answered that they could not, to which the judge dismissed my case without prejudice. I thanked the judge and was on my way.

If the hearsay argument had failed, I had planned on arguing that the city has the burden of proving that I was the driver of the vehicle, and that they had no evidence to prove that I was, as the video camera did not take pictures of the driver’s face. I was also going to ask that the state provide documentation proving that I was the owner of the vehicle alleged to have ran the red light, at the time that the violation occurred. I believe that either of these arguments would also work in the event that you or someone you know has been issued a red light camera ticket.

If you have received a red light camera ticket, and have found this information helpful please leave me a comment or send me an email. If you are interested in speaking with me about traffic issues or any other legal matter in which you may be involved, please call me or fill out my contact form to set up a free initial consultation.

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