Red-Light Camera: I've Been Ticketed (Legal Help Needed)

January 2, 2002 | Christopher Knight AKA Freeper "Darth Sidious"

[suijuris]

I say you go to court and represent yourself; tell the judge just exactly what you told us and ask for a prayer for judge. (P.S. Do NOT take your sign :-) )

Darth; the first thing to do is go to the traffic court and try to win based upon the facts and common sense evidence. Most likely you will lose because traffic court is a rubber stamp; it is an administrative procedure; not a real court.

When you lose, you immediately give the traffic court notice of appeal for a trial or hearing De Nova. You must do this very fast because the judge will try to tell you the fine and rush you through to get to the next guy and keep ringing the cash register.

When you give notice; all fines etc. are stayed until the hearing in a real court. This will piss off the judge because you are rubbing his nose in it and the municipality issuing the ticket will have to send an attorney to appear in the common pleas court to plead their side of the case. This will cost the municipality substantially more than what they would gain from your fine. Do not be intimidated however, it is your right.

A Trial or a Hearing De Nova means 2nd hearing, but fresh, like it has not been heard or adjudicated before. You get to present real evidence and have a good shot at winning (in some cases you can even request a jury trial; and sometimes the case is dropped when you show up because it isn't worth it for the municipality to try the case); but even if you lose, the municipality issuing the ticket (if different than the locality of the common pleas court) will not get any proceeds from the fine; it goes to the real court.

I have done this in Ohio before; and have seen it work for others as well.

Have a nice day, sui

[Darth Sidious]

I don't see the car almost hitting you in the delayed picture.

Me neither. That's the one fly in this whole cow-manure ointment that really irks me. I don't know where it is in the pics and I'm not even sure if it was a car or truck (it was white, I remember that much, and had its headlights on).

Still going to contest, however.

[tbeatty]

The court is going to treat you like crap if you insist on a jury trial, especially if you plan to represent yourself, but it is your right. If you have the guts, go for it. Maybe we could pack the court with FReepers from your area for moral support.

I don't think you can get a jury trial when your only jeopardy is cash below a certain amount.

[tbeatty]

You're gonna lose. There is no car behind you (at least not close). There is a car in front of you and you closed the distance on him.

It is an improperly delivered summons though so you might be able to just ignore it until they come get you. I doubt that they can legally deny you an appeal for failing to respond to something delivered by regular mail. Now if it was delivered registered mail, you should just pay it.

BTW, the photograph clearly show the car entering the intersection (busy , no less) with a car waiting on you in the left turn lane and now car behind you. I think you should just pay it.

[Concerned]

I am NOT a lawyer, but I believe that if your MOTHER showed up and stated---under oath---that she was NOT driving that car or any other car at the time or location designated on the ticket, that the ticket is legally invalid and unenforceable. Remember, though, I am NOT a lawyer.

I do remember reading, however, about such tickets and if I recall correctly, they are being thrown out left and right if fought. I don't believe that they can suddenly dismiss "HER" ticket and now charge YOU. Talk to a traffic lawyer.

[R2]

Funny thing, after close analysis, I see a broken down Ford Explorer in the left turn lane and a bunch of cars stopping and going when the signal was malfunctioning and blinking red in all directions. No where does the pictures show him entering the intersection on a red. One shows him stopped behind the line, and the other shows him half way through the intersection when it was taken.

Looks to me like Darth needs to have some discovery from the city and company operating these (s)cams.

[tbeatty]

If your willing to lie under oath in a court of law, I guess there are a lot of possibilities in that picture. Assuming, though, that Darth wishes to tell the truth, he most likely owes the town $50.

[tbeatty]

That seems to be the case in AZ. THey also take a picture of your face and then match to the picture they have on file in DMV. If they don't match the owner then no ticket.

[NMFXSTC]

1. Go to court

2. Plead NOT Gulity!

3. Get a trail date

4. Show up on trial dat

5. Ask for a continuance

5. Write the judge and ask for an interview with the citing officer (the one who issued the ticket)

6. Pose all of the questions you saw in this thread and write them down

7. File a motion for Discovery asking for any and everyting about that camera (number of citations, copies of photos, calibrations, the user's manual, etc., etc.

8. Show up for the trial and see if the prosecution does <pP Chances are good that your motions will be denied, BUT, if that's the case, the opposing attorney canot introduce anything against you that you cannot question, so...you win!

[RANGERAIRBORNE]

I see that the Honolulu photo radar operation netted 937 tickets the FIRST DAY. A revenue enhancer, pure and simple. Also, rental car companies are just going to add the cost of any tickets to your credit card bill-generally AFTER you have left the State and can no longer reasonably contest these charges. Do I see the makings of a huge tourist rip-off here??

Let me make it clear that I am NOT in favor of red light runners (we have lost too many people in Anchorage due to these morons for me to endorse it)- but these cameras are most emphatically NOT about traffic safety. They are about raising money for the company that runs them, and the local government.

One thing that worked against photo radar in Anchorage was that it mysteriously appeared right after the citizens had voted for a tax cap. It was a blatant attempt to get around this limitation on taxation, and even some of the brain-dead Sheeple couuld understand that.

Mark Begich, the Democrat dweeb most responsible, was thrown out at the next election, and probably will NEVER realize his political ambition of becoming Governor of Alaska (or Senator from Alaska). So our resistance was worth it!!!

[Darth Sidious]

Veeeeerrrrrry niiiiiice!!!!! :-)

BTW, hearing was last Thursday ('twas just me, an "independent lawyer" and a computer monitor showing my car). I'm supposed to hear back by mail this week about how the appeal went. That decision being made by this same "independent lawyer", and the SafeLight staff.

"Due process" my a$$!!!