Yes, red-light speeding tickets are considered constitutional in California. In 2014, a California Supreme Court ruling, People vs. Goldsmith, stated that images taken by red-light cameras are proof of traffic violations and are considered court evidence.
Goldsmith believed the evidence from a red-light camera should be considered hearsay. He argued that it constituted an inadequate foundation for evidence, but the court disagreed. As Los Angeles traffic violation lawyers, we regularly handle cases involving these controversial tickets.
If you recently received a traffic citation, we may be able to help you fight it. Contact us now for a free consultation, or keep reading to learn more about red light/speeding camera tickets and what to do if you receive one.
How do Red Light Speed Cameras Work?
Red light cameras are activated when a vehicle crosses a sensor at an intersection while the light is red. The device takes a photo of both the car’s license plate and the driver. A ticket is then mailed to the car’s registered owner, along with the photographic evidence, a copy of the citation, and the amount of fines the driver must pay.
California Vehicle Code 21453: Offenses Relating to Traffic Devices governs the use of traffic signals at intersections to regulate vehicle movement. Ignoring this law can lead to serious accidents. Red light cameras are commonly used to capture images of motorists who fail to obey traffic signals to ensure compliance.
According to the National Conference of State Legislatures, red-light speeding cameras are used in California and 22 other states at numerous street intersections and school crossings. The devices discourage drivers from speeding and running red lights and hopefully lessen the number of traffic fatalities caused by reckless and unsafe driving.
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What’s Wrong With Using Cameras for Traffic Enforcement?
While the idea behind using red-light cameras is admirable, many people have criticized its utilization. Some say the cameras are vital in assisting law enforcement officials in keeping the streets safe.
Others say this kind of automated law enforcement is unconstitutional and can lead to corruption. Many drivers complain about the excessive fines they have to pay in ambiguous situations when caught by red-light cameras.
While instructions on how to challenge the citation come with the ticket, most people believe they don’t have a defense because of the photo and video evidence. But there are ways to fight these tickets successfully.
Are Red Light Speeding Cameras Effective?
Yes. In a frequently cited study from 1999, the Insurance Institute for Highway Safety (IIHS) evaluated red light camera enforcement in Oxnard, California, to determine its effectiveness. They studied 14 intersections and found that red light violation rates decreased by 42% several months after the enforcement program began.
Furthermore, they observed safer driving at other intersections even if a red light speeding camera wasn’t present. Numerous other studies across the country showed similar results, especially when combined with extending yellow light timing.
The problems with these cameras are false positives and, in some states and cities, corruption by officials who use the cameras as a revenue generation system. Corrupt officials do this by changing the timing of the green and yellow lights to “catch” more red-light runners.
What Are Your Legal Options If You Receive a Ticket?
If you receive one of these tickets in the mail, don’t ignore it. You’ll only compound the problem.
You have three options if you receive a red light ticket from a camera:
- Plead guilty.
- Plead not guilty.
- Ask to attend traffic school.
If you plead guilty, you’ll have to pay the fine and receive a traffic violation point. If you choose a not-guilty plea, your lawyer must show in traffic court that you did not commit any violations.
If you prefer to attend traffic school, you’ll still be required to pay the fee for the violation, plus the traffic school fee and a court administrative fee. However, you won’t receive points against your driving record.
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Who Should Pay the Ticket if the Driver Is Not the Registered Owner?
According to California law, the driver named for the violation is accountable for the ticket, not the car’s owner. However, the city will still issue a ticket in your name and mail it to your registered address if someone else was using your car when they were caught on camera running a red light.
You can contest the ticket and state that you were not the person using the car at the time. However, you’ll need to provide evidence.
Unfortunately, you will be presumed guilty due to the red light camera evidence, so you must have an alibi. An experienced traffic attorney can help you with this.
What Are the Penalties for Running a Red Light?
Running a red light is one of California’s main causes of car accidents. As a result, you’ll face stiff penalties when cited for running a red light. You can be charged with a moving violation or even face criminal charges if you’re involved in an accident.
The penalty for all traffic violations in California starts with a “base fine.” But the actual fine you’ll be paying will be the base fine plus various fees and surcharges. These surcharges can result in a considerable increase in the total cost.
The base fines for stop sign and stop light violations are:
- $35 for an illegal right turn at a red light
- $35 for running a stop sign
- $100 for running straight through a flashing or solid red light
Your insurance rates will likely increase upon renewal, which may be more expensive than the ticket itself. This is another reason you may decide to fight the ticket.
Points on Your Record
You will also receive one traffic violation point on your driving record for a stop sign or red light violation. However, you can avoid this point and lower your fine by attending and completing traffic school.
The proper authorities can also suspend your license if you have accumulated too many points, as the state will consider you a negligent operator. Having the following point counts could trigger a suspension:
- Four points in 12 months
- Six points in 24 months
- Eight points in 36 months
In some circumstances, a stop sign or red light violation can result in a reckless driving conviction. If these violations lead to the death of another individual, you can be charged with vehicular manslaughter.
In this situation, an attorney from Simmrin Law who handles both traffic and criminal cases may be able to convince a prosecutor to drop criminal charges.
How Can You Beat a Red Light Speeding Camera Ticket?
As we mentioned, many drivers believe they can’t fight a red light camera speeding ticket because of the photo evidence. That’s simply not true.
There are several defense strategies that your lawyer can utilize to beat this ticket:
- Ask for evidence that the camera was working properly: You can demand proof that the red light camera device was working properly on the day the camera captured the photo evidence and the ticket was issued. Your lawyer might be able to show the device was not working correctly that day.
- Challenge the photo’s clarity: You can also dispute the clarity of the image and argue that the said evidence is not satisfactory enough to convict you. The photo may be of poor quality, or the weather conditions may decrease visibility. In this situation, the identity of the driver photographed running the red light can’t be proven beyond a reasonable doubt.
- Argue the necessity of running the red light: Your lawyer could also argue that you ran the red light to prevent further injury to yourself or another individual or to avoid an accident. Your argument could possibly convince the judge that your actions were necessary and that you were not guilty.
There’s no question that red-light speeding cameras have their pros and cons. But no one wants to be ticketed for a traffic violation they didn’t deserve. You can fight your red-light camera traffic ticket with the help of an experienced lawyer.
Could My Red Light Camera Ticket Be Part of Corruption?
This is a hard charge to prove, as we would need to provide evidence of how the cameras and timings get programmed over time. It is highly unlikely that a single red light camera ticket could expose abuse of the system as a cash grab.
Another source of corruption could be the red light camera company. Usually, a city enters into a contract with a camera provider. There may be stipulations in that contract about required revenue and light timing that force officials to play to their tune to keep the system functioning.
While this situation might seem unlikely, red light camera corruption has occurred in Chicago. There could be a case for corruption if:
- A pattern of suspicious red light camera tickets is found.
- A ticket violates federal and state rules on light timing.
- The light timings are changed regularly to make them unpredictable.
Information to Know About Red Light Tickets in California
If you run through a red light in California, you could face a fine or points on your record. Many state traffic lights have these cameras to catch those violating the law. When you receive a ticket, even if you believe you aren’t guilty, you must respond appropriately and quickly to the ticket.
If you receive a ticket, there are several things you should know. They include:
- Sensors can trigger red-light cameras.
- Third parties manage many red light cameras.
- Too many red-light tickets can lead to a driving suspension.
- You can fight your red-light ticket in court.
Sensors Can Trigger Red-Light Cameras
As mentioned earlier, red light cameras are triggered once a driver goes over a sensor when the light turns red. Sometimes, the driver might know right away that a red light camera has caught them. Drivers can realize the camera caught them because the red light cameras will flash when a driver disobeys the red light.
Once the traffic camera collects the necessary evidence, the registered vehicle owner will receive the ticket in the mail.
Red light tickets also capture the person driving the vehicle during the traffic violation. The photographic evidence can help determine who was driving during the violation and who should receive the fine and points on their license.
Third Parties Manage Many Red-Light Cameras
Cities don’t manage most of the red light cameras in California. In most cases, third parties take responsibility for installation and management.
Unfortunately, many of these third-party businesses have financial incentives to issue traffic tickets. As a result, the funds from the traffic tickets go back to the third-party company, while the city or municipality receives only a small portion.
Since third-party businesses can be profit-driven, they want their cameras to track a lot of red-light violations so they can make more money.
Too Many Red Light Tickets Can Lead to a Driver’s License Suspension
While a red light ticket can cost you a fine, it also comes with other ramifications. As we mentioned, any traffic ticket you receive from a police officer can put points on your license. This is the same for red-light tickets. If someone receives enough red light tickets, their license could be suspended.
This is more costly because the drivers will have to deal with being unable to drive, which could cost them their jobs. They might also have to pay an attorney to remove the points from their license.
Not only can a red light ticket cause your license to be suspended, but if your license is already suspended and the camera catches you driving, you could be charged with a misdemeanor, in which case you should consult with our Los Angeles criminal defense lawyer.
You Can Fight Your Red Light Traffic Ticket in Court
Because technology runs red-light cameras and is not an actual human being, ticket generators have a higher margin of error. There are common circumstances where red light cameras make mistakes.
They include:
- A red light ticket was issued when someone made a legal right-hand turn on a red light.
- Someone else was driving the car when the camera generated the ticket.
- The picture of the person who was driving isn’t clear.
If you cannot get your fine or points completely dismissed, you can fight to have them reduced. If you face a red light ticket, one of our lawyes can defend you to help reduce your fines and points on your license or dismiss the violation.
Hire a Local Red Light Speeding Camera Lawyer
The traffic ticket attorneys at Simmrin Law Group understand the legislation and procedures needed to fight back in court. We can also come up with compelling arguments against any photo evidence obtained against you from a red-light speeding camera.
We understand you may be busy, so you don’t even need to be present during the hearing. We will gladly go to traffic court on your behalf. If you are facing more serious charges, our criminal defense attorneys are here to assist you. Contact us today to schedule a free consultation to find out how we can help.
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