Re: Contesting a Red Light Camera "Civil" Violation
First of all, I have almost NO knowledge of TX law, court rules, or rules of evidence. So, I'm NOT qualified to answer most of your questions. I do know that failure to provide discovery in some states, such as WA, will result in a dismissal -- by court rule. In some other states, such as CA, it usually only results in the court "compelling" discovery. Then, and only then, if the discovery is not forthcoming, is a motion for dismissal granted.
However, if you believe that an officer who introduces a video into evidence is somehow "hearsay", you don't understand what "hearsay" is. As long as there is evidence that the video equipment functioned properly at the time of the infraction (no missing frames, etc.), "hearsay" has NOTHING to do with it.
This is a two step process. First, the officer reviews the video and determines that there is "probable cause" and issues a citation (or "summons and complaint" in some places). "Hearsay" has nothing to do with ANYTHING in this process. Then, at the hearing, the officer presents the video, attests to the accuracy of the video equipment, and the COURT determines whether the video should be admitted into evidence and then whether that evidence is sufficient for a conviction. Still no "hearsay" involved.
Melendez-Diaz ONLY requires that the technician or officer who USED a piece of equipment to acquire information (in that case, the chemical analysis of drugs), be in court to introduce those results into evidence, in order that they can be cross-examined about the "chain of evidence" and the procedure used for testing, for example. Note that the person who originally "calibrated" the test equipment is NOT required to be present.
However, TX law states that, since it is a "civil" matter, not even the officer who reviewed the video is required in the courtroom. An affidavit is sufficient to get the video introduced into evidence.
But, I'm probably wasting my time -- I doubt you'll believe me.
Where am I going? And why am I in this handbasket?