handicap parking violation phone app legal?

[username45]

What is the name of your state? Texas
Theres an app where you take 3 pictures of a car in a handicap spot without a permit....
The police send a ticket demanding 550 bucks or you can opt for a pretrial and a judge or jury trial....

Red light cams are now illegal but citizens pictures are enough for a ticket? If a jury trial was opted wouldnt the picture taker have to come to court as a witness for it to be enforceable in court?

 

[Just Blue]

What is the name of your state? Texas
Theres an app where you take 3 pictures of a car in a handicap spot without a permit....
The police send a ticket demanding 550 bucks or you can opt for a pretrial and a judge or jury trial....

Red light cams are now illegal but citizens pictures are enough for a ticket? If a jury trial was opted wouldnt the picture taker have to come to court as a witness for it to be enforceable in court?

Were you cited for parking in a HC spot or is this a general question that your curious about?

 

[Just Blue]

Why did you delete your other thread??

 

[PayrollHRGuy]

The app I was able to find was not a state-run app. From the comments, it didn't seem to be doing much.

 

[Zigner]

Why did you delete your other thread(s)??

Fixed it for ya...

 

[Just Blue]

Fixed it for ya...

Thanks...

 

[quincy]

The admissibility of the photos as evidence without the supporting witness (photographer) can be challenged.

Why?

 

[NeilTheCop]

It may be legal, but best ask your attorney.
§ 681.0101. ENFORCEMENT BY CERTAIN APPOINTED
PERSONS. (a) A political subdivision may appoint a person to have authority to file a charge against a person who commits an offense
under this chapter.
(b) A person appointed under this section must:
(1) be a United States citizen of good moral character who has not been convicted of a felony;
(2) take and subscribe to an oath of office that the political subdivision prescribes; and
(3) successfully complete a training program of at least four hours in length developed by the political subdivision.
(c) A person appointed under this section:
(1) is not a peace officer;
(2) has no authority other than the authority applicable to a citizen to enforce a law other than this chapter;
and
(3) may not carry a weapon while performing duties under this section.
(d) A person appointed under this section is not entitled to compensation for performing duties under this section or to
indemnification from the political subdivision or the state for injury or property damage the person sustains or liability the
person incurs in performing duties under this section.
(e) The political subdivision and the state are not liable for any damage arising from an act or omission of a person appointed
under Subsection (a) in performing duties under this section.

https://law.justia.com/codes/texas/2005/tn/007.00.000681.00.html

 

[Taxing Matters]

The admissibility of the photos as evidence without the supporting witness (photographer) can be challenged.

And in this circumstance would have to be excluded from evidence without that testimony because the state could not authenticate it otherwise and also because it is hearsay evidence for which no exception to the hearsay rule applies.

 

[quincy]

Here is a link to the Texas Rules of Evidence ... just because :

http://www.law.uh.edu/faculty/pjanicke/evidence files/packet 2012/texas_rules_of_evidence_as_of 7-1-12.doc

 

[username45]

The program is called mobility and a citizen goes through a background check and a 4 hour training and becomes a deputy!
If one opted for a trial then would it be correct to assume that this citizen deputy would have to appear in court to authenticate the photos for it to be a valid ticket?

 

[doucar]

yes

 

[quincy]

The program is called mobility and a citizen goes through a background check and a 4 hour training and becomes a deputy!
If one opted for a trial then would it be correct to assume that this citizen deputy would have to appear in court to authenticate the photos for it to be a valid ticket?

The ticket would be valid. The photos that support the ticket would not be admissible as evidence without the photographer’s testimony and authentication.

 

[NeilTheCop]

The ticket would be valid. The photos that support the ticket would not be admissible as evidence without the photographer’s testimony and authentication.

So just out of interest, what if the offense was caught on surveillance video? No photographer to give testimony in that case.

 

[quincy]

A red light camera photo is supporting evidence for a ticket but red light camera photos can be and have been challenged in several different ways.

In some ways, the citizen cell phone photos with the citizen’s testimony might be better evidence.