Best Deffense For fighting a red light camera ticket

[norcal916]

What is the name of your state? California

I just received a red light camera ticket.....I remember the incident and I fully believe the light was yellow when I left the limit line. I want to fight the ticket, however, I don't live in the city where I was issued the ticket (san francisco)**************so I am thinking about doing the trial by written decleration....I have done this before for traffic violations in my own city (sacramento)....but I can't find any REAL advice for a GOOD deffense.....I plan on stating the light was yellow, but should I even waste my time using the other defense strategies I've read about? such as...questioning the timing of the yellow light, or requesting details as to how the camera is programmed?

I really don't want to pay without a fight.....But I am getting discouraged!!

please helpWhat is the name of your state?

 

[JIMinCA]

I think a red light camera ticket is pretty easy to beat if you plan on appearing in court. If you plan on using Trial By Written Declaration, it is tougher because many judicial officers simply rubber stamp them "guilty" (as many posters at this site would).

I think I would simply file a Discovery Request with the DA where, in addition to the normally requested items, I would ask for all documentation that certifies "all equipment is properly installed, calibrated and operating properly" as per CVC21455.5(c)(2)(C).

If the DA were to comply with this request, you would recieve a mound of paperwork. However, if he doesn't comply, you can use that as a justification for dismissal in your TBWD.

 

[norcal916]

OK thank you for your advice**************I looked up the discovery request and I think I might use that tactic.....I appologize for my ignorance, but, how do I go about filing a discovery request? is it done seperately, or do I include it in my request for trial by written decleration?? Its been a while since I've fought a traffic ticket and it seems they make it harder in bigger cities to contact anyone at the court house for any type of clarification.

 

[JIMinCA]

Well, if you do them concurrently, any discovery you recieve will be kinda worthless since you had already filed your TBWD!!

File the discovery request NOW!! Delay the trial date. The DA has 30 days to respond to your request, but you want to give him more than that just so it becomes blatantly obvious if he chooses not to respond.

 

[Hey There]

Getting Information before making a written statement

1-15-08
norcal

How to file a Discovery Request can be found several ways.
Ideally the request should be received so that the driver who is submitting a Trial by Declaration has information to base his defence on. If the the information he requested isn't provided to him after 15 days have passed, then he can request dismissal along with other evidence he presents in the Trial by Declaration.
It may necessary to ask for a continuance in order to either have the information requested or request dismissal because the information hasn't been provided.
Usually a simple call to the court clerk will grant a continuance.
One site, Help!I Got A Ticket has information on Discovery and a form that can be downloaded to use. This site also has instructions and a form to submit a proper Trial by Declaration.
Other sites can be reached by going to Google and typing in--Discovery for Traffic Tickets.
A library should have a book available on fighting traffic tickets in CA. which includes information on Discovery and Trial by Declaration and forms in the back of the book which can be copied and filed with the court.
As JIMinCA. stated in his reply post a Discovery Request made before a Trial by Declaration should include a request for documentation pertaining to the equipment used as well as the usual information sought; ie: the camera photo etc.
It is important to follow the instructions for Discovery and have a friend mail this request as well as having the friend sign a proof of service.The trial by Declaration is submitted by the cited driver.

Best Regards,
Hey There